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New York Labor And Employment Law Blog

Amendments Pertaining to Sexual Harassment In Workplace

Please know the current New York Law which forbids sexual harassment of employees, has been expanded and now protects non-employees, including contractors, subcontractors, freelancers, vendors, consultants and anyone else providing services to an entity pursuant to a contract. 

Severance Agreements

Please know that is you are offered a severane agreement that I would like to speak with first as sometimes there is more going on with how you were treated that caused you to be offered a severance agreement.  And based on what you advise me, I can negotiate the severance agreement for you or simply review it and let you know what is missing as more likely than not, once you sign it, thats it and you can never go after your former company for anything you know now or learn about in the future.  It worth a no fee telephone call with me.

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.  

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