Legal Analysts

Showing posts with label #employment. Show all posts
Showing posts with label #employment. Show all posts

Thursday, November 10, 2022

Employers Required to Post New Anti-Discrimination Notice of Employee Rights

Federal law requires employers to post a notice created by the Equal Opportunity Employment Commission (EEOC), which summarizes the federal laws and explains filing procedures. 

The notice was just updated, and it is called the “Know Your Rights: Workplace Discrimination is Illegal” poster.

It must be placed conspicuously, in a location that is accessible to all employees, including those with disabilities that limit mobility. To ensure that remote employees receive notice, employers should also post the notice on their website.

Violations have consequences! An employer who fails to comply may be fined up to $612 for each separate offense.

Saturday, November 05, 2022

New York Employees with Less Than Four Hours to Vote May Be Eligible for PTO

Let’s be real – creating a voting plan for Election Day doesn’t always make it to the top of the priority list. Busy work schedules can make it hard to find the time to get to the polls, but there are laws in place to that may help you overcome this obstacle. 

With election day approaching on Tuesday, consider how New York State Election Leave Law may help enable you to cast your vote for the issues you care about. 

Under the law, if you have less than four consecutive hours to visit the polls, you may be eligible for up to two hours of paid leave. If you intend to take time off to vote, you must notify your employer at least two, but no more than ten working days beforehand.  (Note: these days must be consecutive and don't include Sundays or holidays - so act fast if you need time off on Tuesday).

Employers cannot require employees to use other forms of earned leave time to vote, and must conspicuously post a notice of the law at least ten days prior to the election through to the closing of the polls. 

New York takes voting rights seriously. Violations of the Election Law are a misdemeanor, and can result in fines, imprisonment up to one year, or both. 

See you at the polls! 

Wednesday, September 14, 2022

Employer Responsible for 6-Year-Old’s Use of Racial Slurs in Discrimination Case

Did you know that Title VII employment discrimination cases can happen even if the perpetrator is merely the 6-year-old grandson of the owner?

That's the lesson from Chapman v. Oakland Living Center, which is a case against an assisted living facility where the owner’s 6-year-old grandson repeatedly used the n-word against a black employee.

The problem for the employer was - why didn't anyone stop him? The boy’s grandfather either knew or should have known about the conduct and failed to sufficiently respond. Yes, there was a spanking and an unsuccessful attempted to elicit an apology, but that wasn't enough.

The lesson here is don't let hostile, bigoted and offensive remarks occur at the workplace, no matter who is saying them. It's never okay, and failure to stop such remarks will result in a discrimination case. Be warned.