Your rights for sexual orientation in the workplace soon include violations pursuant to Federal Statute as well as current State Statutes, as Supreme Court of the United States has been asked to Rule on this issue.Please know, that New York State Law prohibits...
Scott Michael Mishkin PC
Criminal Records and Employment Discrimination
Hey,Just so you know, New York Sate prohibits employment discrimination based on an applicants or employee's criminal record. The test, if you will, is for the employer to evalaute if the conviction is sufficiently related to the positon responsiblities....
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...
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...
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...
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. There is no requirment that you do this....
Never Give In Or Give Up: Don’t be Afraid
If you know that you are being treating differently than your similarly sitiaute co-workers by your boss because of your gender, or age, sexual orientation, race, national origin or ethnicty, do not take it. Follow the employee handbook policies and formally...
Violations of Policies in Employee Handbooks
Most employee handbooks state on the first page and often times under certain sections that "this handbook is not a contract and your employment is at -will." However, if there are certain written policies in the handbook, for example, anti bullying policies, or...
Make Sure Your Job Title Earns You The Correct Wages and Overtime
There are times when an employee has worked as an hourly employee for years, providing the opportunity to earn overtime, and then suddenly the employee's title changes to "Manager" or "Supervisor" and is placed on a weekly salary, thus ending the ability usually to...
Being treated differently than your similarly situated co-workers
Prospective clients consult with me for an employment related issue, where it turns out there is no cause of aciton availalbe for them, but as I listen to how they were being treated differently than their similalry situated co-workers, I learn it is becuase of either...