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May 2018 Archives

Employers not making progress to reduce gender discrimination

Many New York employees are aware of the #MeToo movement and may have seen demands for equality within their own workplace. However, even with the hype surrounding the #MeToo movement, gender discrimination is still prevalent. A recent poll showed that since 1999, there have been no major improvements when it comes to gender inequality in the workplace.

New York latest city to pass sexual harassment reforms

New York City companies with 15 or more employees must now provide mandatory sexual harassment training. This is one of the larger impacts stemming from a package of 11 laws recently signed by the city's mayor. City agencies will also be required to report any harassment complaints as well as the outcomes of those cases. The new laws will ensure that every worker is covered by sexual harassment protections offered in the Human Right's Law as well.

New York tip credit hearings are underway

Public hearings are being held in New York to evaluate the state's minimum wage tip credit. Restaurants and other employers in the Empire State are permitted to pay tipped workers less than the minimum wage, which is currently $12 or $13 depending of the size of the workforce. The first hearing was held in Nassau County on April 20 and chaired by the state's labor commissioner. New York Governor Andrew Cuomo vowed to hold the meetings during his 2018 state of the state address in January.

How do I know if I'm facing illegal discrimination?

Are good working relationships better for employers or employees?  After all, good relationships between employees and supervisors can be helpful for moral, productivity and an overall healthy culture within the workplace. When employees are satisfied with their jobs they tend to work better and become higher achievers. What employer wouldn’t want that?

Restaurant chain settles class-action age discrimination suit

People over 40 in New York often never know why companies rejected their job applications, but age discrimination could play a role. A trial attorney for the Equal Employment Opportunity Commission called ageism one of the most common forms of workplace discrimination. Her comment followed the announcement of a $3 million settlement between the EEOC and the restaurant chain Seasons 52, part of the Darden restaurant group. The class-action lawsuit represented 254 plaintiffs although more people might be eligible to make a claim.

Some independent contractors might be employees

People in New York who work in gig economy jobs, such as drivers for companies like Lyft and Uber, might get more protection if a ruling in the California Supreme Court is followed by other states. The case before the court there involved a delivery company called Dynamex. In 2004, the company changed its delivery drivers from employees to independent contractors. In a lawsuit filed by some workers, they argued that they should still be classified as employees since they worked exclusively for Dynamex and the company controlled their pay rates, their assignments and what they wore.

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