When a layoff or termination occurs, one of the most common questions to arise is whether the employee is entitled to severance (or separation) pay. Employees may be anxious to get any compensation they can, while employers may be looking to limit their responsibility or offer severance packages on their own terms. The most important thing to note
In New York City, New York State and 21 other states, an individual’s sexual orientation and gender identity is protected from employment discrimination based on state and local law. Under federal law, however, LGBTQ individuals’ protection from employment discrimination depended on what federal circuit they lived in. On Monday, the Supreme Court announced in a 6-3
Discrimination based on sexual orientation, gender identity and transgender status is prohibited by both New York City and New York State statutory law. However, under federal law, the protection of transgender rights is more complicated. Some federal appellate courts have held that transgender discrimination falls under the umbrella of “sex discrimination,” which federal law prohibits.
The right to bring a claim arising from an employer’s violation of a labor and employment law is subject to time limits, known as statutes of limitations. The applicable statute of limitations varies depending on the type of claim and where the claim is brought. A complaint can be filed with a federal, state, or
Federal, state and many local laws prohibit discrimination against individuals based on their religious beliefs, in hiring, firing or any other terms and conditions of employment. Such laws apply to those who have sincerely held religious, ethical or moral beliefs, as well as atheists or agnostics. Discriminatory acts include any type of employment decision based on religious
Many people think of age discrimination as only affecting the elderly. However, the age at which an employee is protected from discrimination impacts a significant portion of the working population under federal law. New York law takes a step further safeguarding most employees regardless of age. The best way to minimize age discrimination claims is to understand
Author: Leah Norod, Co-Author: Steve Maggi The O-1 visa is a non-immigrant, or temporary work visa, which can last for up to three years at a time and has no limit on the number of extensions. Extraordinary ability visas encompass all professions, including business, science, education, athletics, and the arts. Since ability is a subjective
If you’re an employer in New York, you may have heard about some recent updates to sexual harassment prevention laws. Both New York City and New York State have cracked down on sexual harassment in the workplace by expanding the scope of protection under their new laws. Both sets of laws require employers to put
Your social media posts may have a bigger impact than you realize, especially if you have a case pending in court – even if your account is set to “Private”. In the case of Forman v. Henkin in 2018, the highest Court in New York State established that normal discovery rules apply to social media,
Many employees can look forward to spending more time with their loved ones in 2018. The New York State Paid Family Leave program went into effect on January 1, 2018. The program will now provide New Yorkers paid leave to care for a newborn child, a close relative with a serious health condition, or assist
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