We see instances of racism in the news in New Jersey and New York City, but we think such situations could never affect us until they do, especially in the workplace. Workplace discrimination is still a problem in the U.S. but there are rights workers have that...
Year: 2021
Is age discrimination the last acceptable bias?
Under state and federal law, it is illegal to discriminate against job applicants on the basis of their race, color, religion, sex, national origin, disability or genetic information. It is also illegal to discriminate against job applicants on the basis of their age,...
What is a qui tam action and why would an employee bring one?
Finding out that your employer is doing something they should not be doing – it puts an employee in a very tough spot. Should they report it? Become a whistleblower? Put their job and livelihood on the line? These are difficult questions to answer for anyone, but...
Sexual harassment and non-disclosure agreements
Employers in New York and New Jersey often have policies prohibiting sexual harassment in the workplace. Sadly, not everyone abides by these rules, and some will sexually harass a co-worker. Those who are sexually harassed in the workplace may decide to find...
New York meal period requirements
The Fair Labor Standards Act is a federal law which controls many aspects of wage and hour standards. However, it is silent with respect to rest breaks and meal periods. As such, there is no federal requirement that employers grant those breaks – instead, they are...
Take these actions to build your sexual harassment case
No one should be subjected to discrimination and harassment in the workplace. Yet, despite extensive efforts to raise awareness of sexual harassment and prevent it, egregious behaviors that constitute sexual harassment continue to occur in work environments across the...
My male colleague makes more than me. What are my options?
Employment laws related to men and women have come a long way over the past several decades. However, situations can still arise involving unequal pay between male and female employees. This can potentially trigger a claim under the Equal Pay Act. Understanding the...
How victim blaming has become part of sexual harassment law
One would think that in 2021, in the era of #metoo, that in the U.S., we would recognize that victim blaming is wrong. Indeed, in most states, for rape cases, victim blaming is limited, as are many other priorly unacceptable ways that discourages this type victim...
I was fired after I reported a wage and hour violation. Now what?
Reporting employer misconduct takes a certain amount of bravery. It is the right thing to do, but an employee may rightly fear that their employer will take action against them for making such a report. However, the Fair Labor Standards Act (FLSA) prohibits...
How are women protected from pregnancy discrimination?
It is important that pregnant women and women considering becoming pregnant are not discriminated against in their workplaces. For that reason, legal protections are in place to ensure they are not the victims of pregnancy discrimination that they should be familiar...