Scott Michael Mishkin PC

NEW SEXUAL HARASSMENT LAW: EASIER TO TO PROVE

2020-05-13T03:15:49Z

On Monday August 12, 2109, Gov. Cuomo signed into law less restricitve proof to prove sexual harassment in the workplace and makes it easier for an employees to meet the new lower standard to prove sexual harassment. And remember filing a Charge of any type of discrimination, incluidng sexual harassment, with the New York State Division of Human Rights,
(NYSDHR) is an option called "election of remedies" meaning you do not have to file with NYSDHR and instead, you can simply file a law suit in State in Court or bring your State Discrimination cases in Federal Court along with your Federal Claims of discrimination. I can explain it all. But this is great news.

Sexual Harassment. No Matter Your Gender

2020-05-13T03:18:55Z

In April 2018 New York State enacted new legislation targtingworkplace sex discriminaion and sexual harassment and requires all companies, no matter how employees it has, to have in place anti-sexual harassment policies, create and distribute a standard intenal complaint form for employees to use and provide annual anti-sexual harassment training for all New York based employees.

Please let me know if you believe you are being sexaully harassed or if you have been part of a sexual harassment investigation and you believe you are being retaliated against because of it, even if you have not been sexually harassed so I can get it to stop and to let you know your remedies.

Thanks.

Scott

Wages. Overtime Pay

2020-05-13T03:17:31Z

Everybody has to be paid their correct wages. Nobody should be discriminated against and be paid correctly for a days work and that includes overtime wages as well.

Please let me know if you are owed salary and overtime.

Scott

LGBT

2020-05-13T03:20:36Z

Please let me know if you believe you are being discriminated against due to your sexual orientation or gender identity.

Amendments Pertaining to Sexual Harassment In Workplace

2020-05-13T03:21:57Z

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.

Also, beginning July 11, 2018, mandatory arbitration clauses regarding claims of workplace sexual harassment will be prohibited. The law also prohibits the use of non-disclosure clauses in settlement agreements or other agreements related to claims of sexual harassment, unless it is the express wish of the employee to include such a clause.

Also, as of October 9, 2018, employers will be obligated to distribute anti-harassment policies in the workplace, as well as to conduct annual anti-harassment training for all employees.

For New York City employers, o

n April 11, 2018, the legislation passed the Stop Sexual Harassment in NYC Act (NYC Act) which mandates annual anti-sexual harassment training for all employees. This training requirement applies to private employers of 15 or more employees in NYC and becomes effective as of April 1, 2019.

Businesses with four or more employees must comply with the state training requirement, and those with 15 or more employees in NYC must provide training compliant with both laws and employers must post new anti-sexual harassment posters, in both English and Spanish, with their other workplace posters. The City Commission will make such posters available 120 days after the Mayor signs the NYC Act.

Let me know if you have any questions. [nap_phone id="LOCAL-REGULAR-NUMBER-3"].

Scott

Severance Agreements

2020-05-13T03:23:31Z

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.

Scott

Workers Compensation and Retaliation for Filing

2020-05-13T03:24:55Z

Please know that an employer cannot retaliate against you for filing a Workers Compensation Claim. Please let me know if this is happening to you.

Scott

Mediation May Resolver the Discrimination Against You

2020-05-13T03:26:30Z

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.

Scott

Just Checking In

2020-05-13T03:27:53Z

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.

Scott

No One Is to Too Big To Fall

2020-05-13T03:29:30Z

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.

Scott