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New York Employment Law Blog

Workplace retaliation doesn’t always come immediately

Many workers that often face harassment or discrimination at their job hesitate to speak up because they fear the impact it will have on their careers. They feel like they could risk losing their job or receive even worse treatment than they did before for trying to speak up about the problem.

Many employees are successful in making their employer aware of their issues, whether it comes in the form of an HR complaint or lawsuit. Their boss might start making some changes to promote a safe and work-friendly environment as soon as they get word. However, these positive changes may not last long. Some employers might play the long game and wait to get back at their workers after time has passed. New York workers should be aware why many companies do this and what their options are to respond.

Climbing the corporate ladder is difficult as a mom

New York is one of the most expensive places to raise a child in America. After having a kid of your own, you now have even more reasons to seek that promotion at work you’ve had your eyes on for a while. Since you were lucky enough to not be one of the thousands of mothers that got fired simply for being pregnant, you might feel like you have a better chance of getting it.

Unfortunately, discrimination doesn’t stop once you’re done being pregnant. Many mothers who try to seek new positions or get a promotion at their workplace often experience the dreaded “motherhood penalty.” It’s important that you are aware of these unfortunate stereotypes employers and coworkers continue to have towards working mothers to this day.

What to consider when creating a non-compete clause

In a large city like New York, competition is inevitable with businesses. No matter what type of service your company specializes in, all it can take is a few blocks to come across another business that does something similar. Because of this, you might start to worry when one of your top workers leaves your company. You’ve taught them everything they need to know for their line of work, but now they have the chance to relay this information to another company you are directly competing against.

Whether you are starting a new business or notice a competing company within your area, you may want to consider creating a non-compete agreement for your current workers and future applicants. This can affect your business in more ways than one, so you need to know what effects this could potentially have on your workers.

Length plays a critical role in New York verbal contracts

Employment contract violations can be a difficult subject in court. Some incidents revolve around how the employer presented the contract. Proving that an employer violated the terms of agreement should be fairly straightforward if the contract comes in a detailed written document. If they do something suspicious with your employment length or payment, you can just go back to the contract to prove they are at fault.

However, not all contracts involve just paper and pen. According to the New York City Bar, one of the most common defenses for contract breach cases is that what the employer did wasn’t in a written document. Many employers attempt to lay out most of their contracts orally, which may give them more freedom over what to do with the workers. If this happens to be the case with your job, then you should know the following facts to see if the case against your employer is worth pursuing.

New York takes steps to decrease gender-based harassment

In the recent years, the nation has had a significant increase in awareness on employee discrimination. Whether it is reports on popular media figures or workplace statistics, there is more pressure than ever for the state governments to take action and make more workers feel safer no matter what gender, race or age they are.

Some states are quicker to act than others. With how many people are in New York and how diverse the population is, there have been no shortage of workplace horror stories and negative statistics when it comes to stuff like sexual harassment and gender discrimination. While the state has made several new bills and amendments in the past few years to alleviate this, they have not stopped trying to make the workplace safer in 2019 as evidenced by the following:

Proposed bill highlights struggling home lives of NY workers

Work plays an essential role in our lives and can control more than we would like to admit. It dictates where we live, who we meet, what we do on a daily basis, how financially secure we are, etc. While our work is crucial towards our development as human beings, we can’t forget that we also have lives outside of work. We have families and friends to spend time with, bodies to keep in shape and hobbies to commit to.

Unfortunately, the line that separates work lives with personal lives blurs for many different New Yorkers. Many parents and close friends are unable to spend quality time with their loved ones because they keep constantly checking their texts and emails about updates at work. It has gotten so bad to the point where New York lawmakers are considering supporting a bill called the “Right to Disconnect.”

New York seeks to grant workers more paid time off

Paid time off (PTO) has always been one of the more controversial parts of employment law. It varies from business to business on how much they are willing to give it to workers and when they can receive it. Some people think certain businesses suffer from having too much of it available while others believe that some companies not having enough of it will have a negative effect on the worker’s health and personal life.

Most of New York’s lawmakers believe that there needs to be some changes to how PTO works in most workplaces. They have passed laws in recent years to benefit certain groups and may plan new regulations to affect more companies around the area. Workers need to be aware of these current and potentially upcoming laws and how it will affect their jobs.

Recent report showcases struggles for New York's TGNC workers

Within the last couple of decades, New York City’s lawmakers have worked hard to try to minimize the amount of discrimination against transgender and gender non-conforming (TGNC) individuals. In 2002, they passed the New York City Transgender Rights Law to ban discriminating against TGNC people and denying them access to their preferred bathrooms. This year, they became the fifth place in the U.S. to offer gender-neutral birth certificates, giving residents the option to mark “X” instead of male or female.

However, while these laws made it easier for TGNC residents, it did not eliminate the discrimination against the community as a whole. The New York City Anti-Violence Project recently published a report that focused on the amount of discrimination TGNC employees were receiving in the workplace. Despite the laws in the city, many feel that there is still have a long way to go before these workers will feel safer in their work environment.

Several state workers keep jobs despite employee lawsuits

State workers should be highly educated individuals that treat both coworkers and the people they are serving with a sufficient amount of respect. However, there have still been many lawsuits in the past against them citing incidents of sexual harassment and gender discrimination. People trust these individuals to be courteous workers, but some choose to shatter that trust and put others in danger in the process.

In the last few years, there have been a wide assortment of legal incidents within state workplaces. However, many accused workers still continue their jobs after the supposed victim’s compensation. A recent article by NBC New York highlights how many have kept their positions after controversial lawsuits, how much has been paid by the taxpayers to compensate and why so many continue to operate.

Department store continues to face discrimination lawsuits

Discrimination and harassment lawsuits can be very damaging to a company’s reputation regardless if they turn out successful. If a company is on trial for sexual harassment, it could discourage women from purchasing their products or applying for a job there. Strict employment policies must be upheld to ensure that all workers feel safe and welcome to work at an organization.

Unfortunately, businesses that are highly competitive can bring out the worst in their workers. Recently, eight men filed a discrimination lawsuit against the luxury department store Saks Fifth Avenue, who’s flagship store is in New York City.

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