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New York Labor And Employment Law Blog

Mediation May Resolver the Discrimination Against You

For both Employees who have the good faith belief they are being discriminated against and then retaliated against for complaining to a Supervisor of Human Resource person as well as for the Employer, after conducting a full investigation into the Employee's good faith discrimination complaint, the next step may very well be that both the Employee and Employer participate in a Mediation to resolve the matter.  I more than willing to do this as I have successfully done in the past.  If you beleive that this might work, then let me know.  

Just Checking In

Just wanted to wish you all a healthy new year and that all should be good with you at home and at work.  Please let me know if you feel somehting is just not right at work and you want to shoot the breeze.  If you feel in your gut something is wrong than it is.  I am telephone call away.  Be well.

No One Is to Too Big To Fall

If you are being sexually harassed in the workplace please tell me.  Please do not be afraid to let me know.  I will guide you with the law and then you can make your decision of what you want to do.  This goes for any type of unconfortableness you are experiencing at work and it goes for same sex as well.  Do not be emabrassed, especially if you are male and being sexually harassed by antothe male or female, or if you are female and being sexually harssassed by your boss whi may be male or female.  Bottom line it is wrong and against the law.  And you are a victim.  Sometimes its important to have a confidental conversation about it, and I want to help, please.

Failure to pay Overtime and Wages

I wanted to write on New York Minimum Wage and Overtime Law when it comes to employees working on commissions.  If you are commissioned employee and earn less than the minimum wage over the course of single work week, your employer is in violation of New York minimum wage law.  The single work week is the key.  In other words, your employer cannot state you made.for example, $40,000.00 over the year which is more than you would have earned for the year if you were paid minimum wage for the entire year.  Its per week.  However, in regard to overtime pay when you are an employee and you work in retail or a service establishment, adn your regualr rate of pay is at least one and half times the minimum wage and more than half of your earnings arte from commissionon goods or services, your employer may qualify under Retailor Service Exemption that being the RSE, and please know it is the employers burden of proof to demonstrate that RSE applys.  

LGBT and Sexual Orientation Discrimination in the Workplace

Just a quick note that if you believe you are being discriminated against in the workplace due to your sexual orientation or LGBT status, please know that there are Federal, State and Local statutes that provide rigthts to you and remedy.  First and foremost, if this is happening to you I am truly sorry.  But please be strong and at least let me know and I will guide you on how to remedy the discrimination against you so you can go to work and not feel like you are going sick to your stomach when you approach the workplace.  

Student Bullying Based on Sexual Orientation and More. Important.

Quite simply if you are student and are being bullied at school, contact me.  There is procedure you must follow pursuant to the law, which includes put the school disctrict on proper notice and once you have done that and the school district fails to take proper action, there may be remedy for you.  This falls under the Education Law Article 2 known as the "Dignity for All Students Act."  Specifically, this statute prohibits students from being subjected to harassment or bullying by employees or students on school property or at a school function not shall any student be subjected to discrimination based on a person's actual or perceived race, color, weight, national origin, thinic group, religion, religious practice, disabilty, sexual oreientation, gender, or sex by school employees or students onschool property or at a school funciotn.  The statute goes on to state that every school district shall create policies, procedures and guidelines intended to create a school environment that is free from harassment, bullying and discrimination.

Please Know You Do Not Have To File With The New York State Division of Human Rights In Order to Sue in State Court

Please know that if you believe you are being discriminated against in the workplace here in New York State, that you do not have to file a charge of discrimination with the New York State Division of Human Rights.  

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