January 2016

I HAVE NO EMPLOYEES – DO I NEED WORKERS’ COMPENSATION AND DISABILITY BENEFITS INSURANCE?

Under New York State law, a for-profit business is exempt from obtaining and maintaining a workers’ compensation insurance policy if one of the following applies: The business is owned by one individual with no employees, no leased employees, no borrowed employees, no part-time employees, no unpaid volunteers (including family members) and no subcontractors, and is …

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ISSUES NEW REPORT ON DISCRIMINATION IN THE WORKPLACE

The Equal Employment Opportunity Commission (EEOC) marked its 50th anniversary in 2015. In August, the EEOC published “American Experiences Versus American Expectations,” a report documenting changes in employee demographics since 1965 and using data through 2013. The full report, available on the EEOC’s website, details a number of changes over nine job categories for women, African …

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EEOC ‘CAUSE’ FINDING MAY BE HARMFUL BUT DOESN’T MEAN AN AUTOMATIC LOSS

Equal Employment Opportunity Commission (EEOC) investigations typically end when the EEOC issues a notice of dismissal and right-to-sue letter granting the charging party ninety (90) days to file a lawsuit under one or more of the federal statutes the agency enforces – Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act …

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EMPLOYEE WINS RIGHTS TO OBTAIN SUPERVISOR’S E-MAILS

An employee has won the right to “discover” allegedly harassing e-mails her supervisor sent while they worked for a former employer. Facts Andrea Gogel sued Kia, alleging it failed to promote her because of her race and gender. She also claimed that Kia later retaliated against her for filing complaints.  Although she didn’t directly sue her supervisor, Randy Jackson, she …

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