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Employee Rights Archives

More than just facts

Employment law cases involving discrimination, harassment, retaliation or hostile work environment are always complex. Because there are at least two parts to any case. There are what are typically described as "the facts."

Website users who submit ‘content’ aren't necessarily employees

Yelp is a website that publishes crowd-sourced reviews about local businesses. The company was recently sued by a class of “reviewers” who said that they should be paid for the content that they supplied to the website, pursuant to the Fair Labor Standards Act.

The cost of "efficiencies" may be very high

For much of the last century, to most workers in New York and in the U.S. as a whole, the perception of employment has implied a full-time job, with 40-hours of work and some level of benefits. In some respects, the American middle-class and the concept of the "American Dream" was created by standardized employment practices of many businesses in the last century.

Be careful what you wish for

That appears to be the message regarding doctors' notes requesting accommodation for pregnant women. A group of doctors and an attorney note in a commentary in the medical journal Obstetrics and Gynecology, that premature or imprecise doctors' notes asking for accommodation by an employer can have negative consequences, including unpaid leave and termination.

Discrimination leading to death

Some workers receive more respect than others. When some workers die in the line of duty, they are lauded with many displays of respect. When police officers have been shot there often are elaborate memorial services; they are called "Hero," and frequently long parades of other law enforcement personnel demonstrate their respect. They may even have public buildings named in their honor.

Is a wellness program good for you? Pt.1

Employers dislike workplace lawsuits. They are expensive and distracting, as they may require detailed investigations of a company or a department. Lawsuits may also require a significant amount of time to produce documents, emails and other materials for litigation and require other supervisors and workers submit to depositions.

NLRB says that McDonald's has violated rights of workers

According to a decision by the National Labor Relations Board, McDonald's Corporation is considered to be a joint-employer along with the thousands of its franchisees throughout the nation. Workers in many states, including New York, have been lobbying for improvements in wages in recent years. Strikes have been staged in a call for raising the minimum wage to $15 per hour, and workers have also sought a right to unionize. Meanwhile, retaliation claims have been significant as well.

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