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New decision allows transportation employers to enforce arbitration


As a truck driver or transportation employee under contract, it is important to understand how you can legally challenge or fight for your rights - especially when it comes to seeking fair pay. Keeping up with state and federal laws, as well as court decisions regarding your rights, can help you on your path to justice.

In two recent decisions, the New Jersey Supreme Court set the stage for how and where work-related disputes between employers and employees in the transportation sector will be resolved. The landmark decision essentially allows these employers to enforce arbitration on all its employees who have signed arbitration agreements, something that could not be done previously.

4 Reasons women don't report sexual harassment


If you are a woman in the workforce, chances are that you or someone you've worked with has been or will be a victim of sexual harassment. According to a 2016 study by the Equal Employment Opportunity Commission (EEOC), one in four women will experience sexual harassment in the workplace.

NY court refuses to enforce arbitration clause in sexual harassment case


Shocking allegations of sexual harassment and gender discrimination in the workplace created the #MeToo movement, raising collective consciousness of this all-too-common phenomenon. Historically, many victims have been prevented from getting justice due to the widespread employer practice of forcing employees to sign employment agreements containing arbitration clauses, which require employees to arbitrate legal claims against their employers, rather than filing complaints with government agencies or courts.

Federal law bans job discrimination based on LGBTQ status, says SCOTUS


On Monday, June 15, 2020, the U.S. Supreme Court (SCOTUS) announced that Title VII of the Civil Rights Act of 1964, which bans sex discrimination in employment, encompasses a prohibition on job discrimination based on sexual orientation or identity. The decision applies to almost all employers with 15 or more employees.

In October, the court heard oral arguments on this issue in a consolidation of three cases. We published a detailed post then in which we explained the legal questions, facts and history of the three disputes, each involving an employer that had fired a gay or transgender employee.

Worker COVID-19 safety complaints may trigger whistleblower protection


As New York slowly turns the dial to open more workplaces after a prolonged stay-at-home period, employees and employers alike are understandably concerned about keeping the physical environment at work as safe and healthy as possible. Employers must comply with local, state, and federal work safety requirements. When an employee believes their employer has not done so, the employee may choose to complain to the employer or to government authorities, such as the Occupational Safety and Health Administration (OSHA) or the New York State Department of Health.

An employee who makes such a complaint is called a whistleblower and may be legally protected from retaliation for blowing the whistle on their employer. Illegal retaliation could include wrongful termination or other adverse employment actions like demotion or failure to promote, undeserved negative job performance reviews, loss of job perks, and others.

5 common wage and hour violations


When you work hard for your employer, you deserve to be paid fairly for the work you do. However, some employers don't pay employees fairly for their efforts, which happens more often than you may think. In 2019, the United States Department of Labor recovered more than $322 million in back wages on behalf of more than 300,000 employees across the United States.

What is pregnancy discrimination?


Federal laws prohibit many discriminatory practices

The federal Pregnancy Discrimination Act forbids biased treatment based on pregnancy status in businesses with more than 15 employees. This includes discrimination based on whether an employee may become pregnant in the future, harassment toward pregnant employees, or refusal to hire or promote employees because of pregnancy. Even asking about an applicant's pregnancy status in an interview could be discriminatory.

New York employers must understand COVID-19 paid leave requirements


New York employers face unique challenges in dealing with the extreme impacts of the novel coronavirus on their workplaces. One major issue for employers, especially in our hard-hit city, is the legal right to COVID-19-related paid leave that Congress promptly created in response to the outbreak in the Families First Coronavirus Response Act (FFCRA).

New York State's fiscal year 2021 budget bill creates new sick leave requirements


The upcoming months and year will bring changes to sick leave requirements across New York state beginning on September 30, 2020.

Starting on January 1, 2021, employers must allow eligible employees to use their earned sick time and return to their job after taking legitimate sick time. Further, employers may not retaliate against employees for exercising their rights under the paid sick leave law.

New York requirements for a valid noncompete agreement


Many employers are concerned that a valued employee with in-depth understanding of the business will leave to work for a key competitor or start a competing business. At the same time, it is normal for a person to make career moves within the same industry, building on previous experience.

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