Year: 2010

NATIONAL LABOR RELATIONS BOARD PROPOSES NEW POSTING RULE

          The National Labor Relations Board (NLRB) just announced a proposed rule requiring businesses to post notices in break rooms to inform employees of their right to bargain collectively, distribute union literature or engage in other union activities without reprisal.  The purpose of the postings, according to the NLRB, would be to increase knowledge of …

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NEW YORK STATE DOMESTIC WORKERS BILL OF RIGHTS

          New York State Governor David Paterson signed the “Domestic Workers Bill of Rights” in late August, 2010.  The law took effect on November 29, 2010.          Under the law, a protected domestic worker is defined as a “person employed in a home or residence for the purpose of caring for a child, serving as …

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NEW YORK’S NEW BEREAVEMENT AND FUNERAL LEAVE FOR SAME-SEX PARTNERS

          New York State law does not require employers to allow employees to take time off for bereavement leave. However, under New York’s new funeral and bereavement law, which went into effect on October 29, 2010, when a company does allow employees to take time off for the death of a spouse, or for the …

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THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT

          The New York State Construction Industry Fair Play Act (CIFPA) was signed by Governor Paterson in late August and became effective on October 26, 2010. Under this new law, a construction worker is presumed to be an employee, as opposed to an independent contractor, unless they meet the following three criteria:                (1) the …

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LUNCH AND OTHER BREAKS UNDER NEW YORK STATE LAW

          Workplace breaks in New York are governed by New York State Labor Law §162.   Pursuant to that statutory section, every person employed at or in connection with a factory must be given a sixty (60) minute (i.e. one hour) break for the noon day meal.  Employees employed in connection with a mercantile (i.e. a …

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WRITTEN EMPLOYMENT CONTRACTS: ARE THEY RIGHT FOR YOUR COMPANY?

            A written employment contract sets forth the basic, material terms of an employee’s employment relationship with his/her employer.  Whether or not your company should enter into an employment contract with an employee must be determined on a case-by-case basis.              There are basically two types of employment contracts:  at-will employment contracts, and employment contracts …

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TRAINING YOUR WORKFORCE ON DISCRIMINATION/HARASSMENT TO AVOID CLAIMS AND LIABILITY

          Creating an Anti-Discrimination/Anti-Harassment Policy, and regularly training your employees regarding the company’s policies and procedures, may be the single most important step you can take to protect your company against claims of unlawful employment practices.              In order to be effective, the policy promulgated should (1) define and give examples of unlawful discrimination/harassment, (2) …

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MAKE SURE EMPLOYEES TAKE THEIR REQUIRED BREAKS!

          In late August, 2010, the U.S. Department of Labor’s Wage and Hour Division announced that The Walt Disney Company has agreed to pay backpay in the amount of $433,333.00 to 69 inventory control clerks in its food and beverage department.  This was for work done before and after the employees’ regular shifts, during meal …

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MORE CLAIMS FILED UNDER THE AMERICANS WITH DISABILITIES ACT (ADA) IN 2009

            The Equal Employment Opportunity Commission (EEOC), the federal agency which regulates and enforces the federal anti-discrimination statutes, recently announced that more individuals with disabilities filed charges last year than at an other time in the twenty (20) year history of the Americans with Disabilities Act (ADA).  Almost 20,500 ADA-related claims were filed with that …

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NEW YORK COURT PERMITS RETALIATION CLAIM FOR UNPAID OVERTIME COMPLAINT

          A New York City judge has ruled that two beauty salon employees who claim they were fired in retaliation for complaining that they had been denied overtime pay have stated a claim for damages under the New York State Labor Law.  In doing so, the court overruled an appeal’s court precedent in a similar …

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