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Workplace Legal Alert

Notice of Unemployment Insurance Benefits Required

Notice of Unemployment Insurance Benefits Required

New York State Labor regulations have long required employers to provide workers with notice of their right to file for Unemployment Insurance when separated from employment.  The law was recently expanded to require notice when there is “an interruption of continued employment resulting in total or partial unemployment”.

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Accommodating Pregnancy and Nursing Mothers in the Workplace

Accommodating Pregnancy and Nursing Mothers in the Workplace

Long before the enactment of the federal Americans with Disabilities Act in 1990, New York law prohibited discrimination against disabled employees and required employers to provide a reasonable accommodation to allow them to perform the essential job functions. However, many courts had determined that pregnancy alone was not a disability entitled to an accommodation.

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Supreme Court: Religious Discrimination Motivated By Ignorance Still Unlawful

Supreme Court: Religious Discrimination Motivated By Ignorance Still Unlawful

In the March 12, 2015 edition of The Legal Workplace Grind, we discussed oral argument before the U.S. Supreme Court in the case of Equal Employment Opportunity Commission vs. Abercrombie & Fitch. While we correctly predicted the High Court would rule in favor of the employee on whose behalf the EEOC sued the clothing retailer, my characterization of that case as one presenting tough legal questions was apparently misguided.

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New York Will Accommodate Pregnant Workers

New York Will Accommodate Pregnant Workers

It’s been a long day and your feet are killing you. You make your way down the steamy subway platform and are fortunate to score a seat on the southbound A train out of Penn Station. Next stop – 14th Street where you see a very pregnant strap-hanger swept on board among the jostling rush-hour throng. You immediately offer her your seat because it’s the right thing to do and one of the unwritten rules of Gotham – we accommodate the elderly, disabled and pregnant.

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Revenge Is A Dish Best Served Cold: Retaliation Under the FLSA

Revenge Is A Dish Best Served Cold: Retaliation Under the FLSA

In the American workplace, for example, there are a number of federal laws that specifically prohibit retaliation against employees who engage in “protected activity”. The general purpose of these anti-retaliation provisions are to ensure that employees who exercise rights guaranteed by law are not punished for that activity. Without those protections, the law would lose its teeth and be rendered a mere paper tiger (a phrase coined by another notorious dictator – the Chinese Communist Chairman Mao Zedong).

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Equal Employment Opportunity Has A Long Way To Go

Equal Employment Opportunity Has A Long Way To Go

As Black History Month 2015 comes to an end and the Civil Rights Act of 1964 approaches its 51st anniversary, the realization that the American workplace has yet to grasp the golden ring of equal employment opportunity can be discouraging.
I would venture to say that the activists responsible for the enactment of our civil rights statutes would find it unfathomable that in the 21st century

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Can Donuts Create a Sexually Hostile Work Environment?

Can Donuts Create a Sexually Hostile Work Environment?

With Valentine’s Day comes the enumerable exchange of e-mails, cards, candies, flowers – and yes, donuts and lattes – in workplaces across America. While love may bloom from these seemingly harmless gestures, what if your company prohibits workplace relationships; or you prefer your latte sprinkle-free; or worse, your acceptance of that donut is misinterpreted and results in a hostile work environment.

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US Workers Deserve Paid Leave

US Workers Deserve Paid Leave

Who doesn’t know a working mom who’s sent a sick child to school because she couldn’t afford to miss a day of work?
Who hasn’t dragged their own sickly butt to the office for the same reason?
And what family needs to add to the concerns that accompany pregnancy, the worry that time off for the birth of a newborn will be without a paycheck?

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