WSNYC Blog: The Latest in Employment Law

Overtime pay is a common wage violation against workers and many times, the failure to address overtime is not intentional. Employers do not always understand New York overtime requirements well and workers end up paying the price with reduced pay. However, there are some cases where this oversight is intentional and employers should be held accountable.

You may have noticed short paychecks or were told to clock out and keep working too often. No matter your challenges with overtime pay, you

If your employer gives you a severance agreement, don’t sign on the dotted line until you’ve looked for a few key elements that could significantly impact your ability to move forward. Contract terms like a general release of all claims or a lack of terms that provide health coverage continuance could be a problem. Whether you’re a banker or a busboy, here’s what you need to be evaluating in your severance agreement and when you should get a New York employment

Facing sexual harassment is often stressful and degrading. For that reason, these claims are tough to see through because often, the silent blame and pressure gets to victims. Many abandon their claims to make peace and avoid additional stress.

Unfortunately, unless you take certain steps, you may not have a successful claim or be able to hold the harasser accountable. You may continue to suffer harassment and before long, your workplace could become unbearable. Here are four mistakes sexual harassment claimants

New York is progressive when it comes to paid and unpaid worker benefits. With the introduction of a new paid family leave law in January 2018, the state will soon be a leader in providing options for employees who require additional flexibility in their work schedules. Here are three paid or unpaid benefits available to New Yorkers.

Sick Leave

New York City has required paid sick leave since April 1, 2014. Any employer within the city with five or more employees

If you voluntarily resign from a position or face termination, it is likely a time for caution. Many employers offer severance packages that come with strict conditions. Some of these may even be illegal.

Your employer cannot force you to waive rights granted by federal law in a severance agreement, and that includes financial incentives for whistleblowing. Employees should not be forced to choose between a generous severance package and acting within the law, especially when violations threaten public interest. Here

The Family Medical Leave Act (FMLA) offers options when you face health challenges or those of an elderly parent or child. It recently arose as an issue with natural disasters, since employees may need time off to help a relative evacuate hurricanes or wildfires–or manage their health limitations during these disasters.

When you are facing these challenges, you rely on FMLA to grant flexibility without risking your job security. Returning from leave only to find you are terminated is a stressful

Illegal employment practices in New York may arise unintentionally or from an ill-conceived plan to save money. Employees often tolerate these practices for years before discovering they were denied fair pay and equal treatment. Here are five common practices by employers that may be actionable under state and federal law.

Unpaid Wages

The most common form of unpaid wages is failure to pay overtime. Employers may ask workers to clock out and put in extra hours or calculate overtime pay

New York is unique in its requirements for employers. While the law does not make it mandatory to provide health insurance or paid sick leave, employers must provide workers’ compensation coverage, disability benefits, and, starting in 2018, paid family leave. Here is an explanation of these benefits and what to do if your employer does not follow through on them.

Workers’ Compensation

Workers’ compensation insurance covers employees when they suffer injuries or illnesses from work-related conditions. It includes medical costs, lost wages,

Under federal and state law, you have certain remedies if your employer discriminates against you. These lawsuits are burdensome and expensive for employers, and the prospect of such a suit often leads an employer to commit another transgression–retaliation.

Sometimes, retaliation is obvious, like being terminated after making a complaint. Other times, it can be very subtle with a change in hours or pay. The bottom line is that retaliation is illegal and the law protects you from it.

What is Retaliation?

Retaliation is

Sexual harassment is frequently difficult to assess because it can arise from behaviors that are generally considered harmless. The problem is, that does not alleviate the discomfort of the victim and many employees, especially those in marginalized groups, feel they must tolerate it to keep a job or simply fit in.

But if allegedly “normal” practices leave you in a place where you dread going to work and face substantial stress, that is not acceptable. In fact, it is illegal and