When caught in situations of sexual harassment or discrimination, employees are in a vulnerable position, having a lot to lose. This applies to both victims and witnesses. Hence, it is understandable that people hesitate to report these misconducts for fear of...
Kim, Lim & Partners Legal Blog
When speaking up against sexual harassment results in retaliation
For many survivors, enduring sexual harassment in the workplace is both traumatizing and frustrating. Coping with unwanted sexual advances is already incredibly difficult. Yet, those who muster the courage to report such behavior often find themselves unsupported by...
Why should you know your employee classification?
Understanding your employment classification is a fundamental aspect of your working life that affects far more than just your job title. It carries substantial implications for your career, finances and personal life. Knowing the distinction between an independent...
How is sexual harassment a form of workplace discrimination?
New York is a progressive state where people from all walks of life should have the same opportunities as everyone else without experiencing any form of discrimination. Discrimination is treating another person differently and unfairly because of their protected...
Overtime pay: Who is eligible and who’s exempt?
If you’re an employee in New Jersey, you might be questioning your eligibility for overtime pay. Overtime is the additional compensation you’re entitled to when working more than the standard 40-hour workweek. Under the Fair Labor Standards Act (FLSA), you should...
Study finds Asian Americans are still confronted by discrimination
People from around the world live and work in New York and New Jersey. While cultures, customs and different beliefs are readily accepted, there are still issues with discrimination. In an employment setting, that can cause problems that need to be addressed. It can...
How the EEOC addresses sexual harassment at work
The U.S. Equal Employment Opportunity Commission (EEOC) plays a crucial role in fighting against discrimination at work. This includes upholding laws against workplace racial bias, religious discrimination and sexual harassment. It works to prevent bias against job...
The labor of human beings is not a commodity
Every person has the legal right to equality, fairness and justice because of the New York State Constitution, which has significantly influenced New York’s employment laws. Under Article 1 Section 17 of the Constitution, the “labor of human beings is not a commodity...
What pre-employment requirements can be discriminatory?
Workplace discrimination can have a significant impact on employees, more so on candidates who are still undergoing the recruitment process. The law protects applicants from discriminatory hiring practices. However, these incidents can be subtle, initially appearing...
How compensation and services impact employee classification
In New York, employees and employers might engage in a disagreement as to how the relationship is classified. Being categorized as an employee vs. an independent contractor can play a significant role in many aspects including wages and employee protections. Employees...