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Ricotta and Marks
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Q

What are a pregnant mother’s rights under the FMLA?

A

The Family Medical Leave Act (FMLA) provides up to 12 weeks of unpaid time off to employees experiencing a family emergency or even a personal health issue, so long as their employer is of sufficient size to fall under the Federal law. Employees generally are entitled to be restored to the same or equivalent position upon return from leave under the Family and Medical Leave Act. She may have additional rights under New York State and City Law.

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Q

What is the 29 CFR Part 1614: Federal Sector Equal Employment Opportunity?

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The EEOC has made some changes to how Federal Employees report discrimination.

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Q

Criminal Record Discrimination: Disparate Treatment or Disparate Impact?

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On the Federal Level, Criminal Record or Arrest History Discrimination can take two distinct forms.

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Q

Is it Legal to Terminate an Employee Based on the Employee’s Real or Perceived Racism?

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Judge Denise Cote, of the Southern District of New York, recently held in Olsson v. Wenner Media that it is not illegal to terminate an employee based upon that employee’s real or perceived discriminatory actions.

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Q

What is Valuable Evidence of Overtime Entitlement under the Fair Labor Standards Act?

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Judge Shira Scheindlin of the Southern District of New York held recently in Kadden v. Visualex that employment information relating to the successor of the Claimant’s position in a Wage and Hour claim is relevant to proving whether or not the Claimant had similar overtime benefits when they previously held the position.

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Q

What are Considered to be Reasonable Accommodations for a Disability?

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The law requires employers to provide reasonable accommodation to employees or job applicants with disabilities. Such accommodations include changes to the workplace (or work process) that assist those with disabilities in their application to, or performance of, a job. An accommodation is considered “reasonable” if it does not cause significant difficulty or expense for the employer.

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Q

What are Considered to be Reasonable Accommodations for Religion?

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The law requires employers to reasonably accommodate their employees’ religious beliefs or practices. The law deems an accommodation “reasonable” if it does not unduly cause difficulty or expense for the employer. An example of a reasonable accommodation is permitting an employee to voluntarily swap shifts with a co-worker so that he or she can attend religious services or pray at work.

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Q

What are the Rights of Domestic Violence Victims as a Protected Employment Class in New York State?

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According to New York State law, it is now illegal for any employer to discriminate against survivors of domestic violence during the hiring process or in any way pertaining to employment. Domestic violence-survivor status (or being perceived as a victim of domestic violence) has joined age, race, creed, color, national original, sexual orientation, military status, disability, genetic characteristics and marital status as a protected classification.

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Q

What is the Status of the Employment Non-Discrimination Act?

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Discrimination can take many forms, each of which is a violation of basic human rights. While the federal government currently protects many groups from discrimination in the workplace, it does not currently recognize the LGBTQ community as a group in need of such protections. The Employment Non-Discrimination Act (ENDA) seeks to remedy that by banning discrimination in the workplace based on sexual orientation.

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Q

Do Employees who Perform the Typical Job Duties of a Mortgage Loan Officer Qualify for Overtime?

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On March 24, 2012, Deputy Administration Nancy J. Leppink of the U.S. Department of Labor issued guidance stating that employees who perform the typical job duties of a mortgage loan officer do not qualify as bona fide administrative employees exempt under section 13(a)(1) of the Fair Labor Standards Act, 29 U.S.C. § 213(a)(1).

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Q

What is the Pregnant Workers Fairness Act?

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New York State and the Federal Government have offered some protection to Pregnant Employees for quite some time now. However, lawmakers are finally beginning to see that we cannot have true gender equality in the workplace without a more complete suite of protections in place. To that end, the Pregnant Workers Fairness Act went before Congress in October 2012. As we wait to learn the bill’s fate, a discussion of the law’s finer points is a valuable exercise.

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Q

What does it mean when EEOC gives you a right to sue?

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If you have faced discrimination in the workplace and your employer has done nothing to remedy the situation, you have the option of filing a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC). This is a statement you sign that alleges that your employer has engaged in discrimination. This allows the EEOC to take action.

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Q

Can you get fired for something you do outside of work?

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If you are not a in union or a governmental employee, or if your employment is not otherwise governed by an employment contract, you are considered an at-will employee. As an at-will employee, you can be fired for any reason. This means you may face dismissal for conduct outside of work. However, there are some protections afforded to people, under the law, for being subject to adverse employment actions due to their engaging in lawful conduct outside the scope of their job.

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Q

Are discrimination settlements taxable?

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If you have ever sued a person and received a settlement for your physical or mental pain, you may wonder: Are settlements taxable? The answer could be yes or no, depending on the nature of the settlement.

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Q

Do you lose your pension if fired?

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If you are at risk of losing your job, you may wonder: Do I lose my pension if I get fired? Can I get my pension if I quit? The answers will depend on the type of pension you have and whether or not you are vested in your pension.

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Q

Can you terminate an employee for looking for another job?

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Most employees are considered at-will employees, which mean that as an employer, you can fire the employee without cause as long as it’s not for a discriminatory reason. Therefore, an employee can be fired for looking for another job, especially if you have a specific policy forbidding job hunting or found out that the employee was performing job searches and going to interviews during normal work hours.

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Q

Is it illegal for a former employer to give me an unsubstantiated bad reference?

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While it is not illegal to give a bad reference if the statements are true, you can file a lawsuit if an employer is purposely sabotaging your job search efforts by lying to prospective employers.

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Q

Can an employer run a background check on me?

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Some jobs require a high level of security or require a person to handle sensitive information. As such, employers may perform a legal background check for employment, An employer is allowed to run a background check on any job applicant during the hiring process, as long as the employer does not ask for medical or genetic information.

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Q

Can my employer fire me for being pregnant?

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Pregnancy discrimination is rampant in many top companies across the country. Women have been known to get laid off once they start showing. Getting fired for being pregnant or being treated unfavorably in a work environment due to pregnancy or childbirth is against the law. Pregnancy discrimination involves treating a woman unfavorably because of pregnancy or childbirth.

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Q

What are my reemployment rights following military service?

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In 1994, President Clinton enacted USERRA Law. Known as the Uniformed Services Employment and Reemployment Rights Act, USERRA offers reemployment rights to those who have completed military service. This law allows military members to go back to their civilian jobs after the military. This law applies to military service that is voluntary or involuntary.

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Q

What are the Potential Damages When Your Employer Fails to Notify You of COBRA after Termination?

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Your employer has up to 30 days after termination to provide proper notice of COBRA benefits. Generally, the civil penalty for failure to provide benefits is up to $110.00 per day per affected plan participant, to be levied against the plan administrator. (Section 502(c)(1) of the Employee Retirement Income Security Act of 1974 (“ERISA”).)

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Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347.464.8694