Some 56 percent of non-union, private sector workers in the U.S. are subject to an individual arbitration clause in their employment contract. In other words, they cannot band together in a class action but must bring any employment-related claim in individual arbitration. Perhaps tens of millions of people are therefore barred from what is often the most effective method of challenging illegality in their workplaces.
The U.S. Department of Labor is considering an important rule change. It is mostly geared toward expanding the group of people who could participate in tip-sharing pools, but it could have a surprising secondary effect. If passed as currently written, it would allow employers to simply keep all tips received.
A work-related injury, no matter how serious, can affect your life. You could be left with medical bills or even the inability to continue working due to an accident on the job. Although your first thought might be to file a worker's compensation claim, some injuries might not be mere accidents.
One of the biggest changes of the New Year for New Yorkers is the start of the New York State Paid Family Leave (NYPFL). Under the new leave law, eligible private sector employees can take up to eight weeks of paid family leave. The program phases in over the next four years. Other states offering paid family leave are California, Rhode Island and New Jersey.
Paid family leave is coming to New York. As of Jan. 1, 2018, a new law takes effect that officials in Albany describe as a "pivotal next step in the pursuit of equality and dignity in both the workplace and home."
In the midst of the onslaught of Hurricane Harvey, and prior to the arrival of Hurricane Irma, a flicker of other news might have caught the eyes of employers and employees in New York City. A federal judge in Texas issued his final decision blocking implementation of a federal rule that would have raised overtime pay.
We’ve been looking in our last couple posts at the former Google engineer fired after publishing his memo criticizing the company’s diversity policy. In particular, we’ve been looking at the potential strength of a retaliation claim in his case, noting the differences in causation standards under federal and state law.
Previously, we noted about the case of former Google engineer James Damore that the strength of any retaliation claim he might make would likely depend on whether Google had knowledge of the complaint he made to the National Labor Relations Board prior to his termination, as well as the extent to which Google was motivated by the complaint in its decision to fire him.
In our last post, we began looking at some of the basic protections available to workers in terms of family and medical leave at both the state and the federal level. As we noted, the state of New York is progressive in this area, guaranteeing up to 12 weeks of paid family leave for most employees. Additional protections may apply at the local level.
Family and medical leave is an important issue nowadays, particularly with Americans starting families later in life and an increasing aging population. While some workers are lucky enough to have an employer who provides paid family and medical leave, not everybody is. This is because federal law doesn’t require employers to provide paid leave, at least not yet.