Wrongful Termination
Periodically, your business in New York will want or need to terminate a worker’s or workers’ employment. Beginning well before such terminations, and throughout the working relationship, your company in New York must manage workers’ performance and misconduct in a manner that is likely to lessen the risk of lawsuits for wrongful termination. So, too, your business in New York…Read More
On November 20, 2017, in Chauca v. Abraham, an employment discrimination case, the New York Court of Appeals, New York State's court of last resort, held that, under the New York City Human Rights Law, N.Y. City Admin. Code §§ 8-101 – 8-131 (the "City Human Rights Law" or "NYCHRL"), "a plaintiff is entitled to punitive damages where the wrongdoer's…Read More
On November 6, 2017, New York City Mayor Bill de Blasio signed into law a bill, Local Law 199 of 2017 ("Local Law 199" or the "new law") which amends the New York City Earned Sick Time Act, N.Y.C. Admin. §§ 20-911 - 20-924 (the "Earned Sick Time Act" or "NYCESTA"), to provide that, effective May 5, 2018, employers in…Read More
On March 28, 2016, New York City Mayor Bill de Blasio signed, into law, Local Laws 35, 36, and 37 of 2016 ("Local Law 35," "Local Law 36," and "Local Law 37," respectively; collectively, the "new Laws"), which, effective immediately, strengthen employees' rights and remedies under the New York City Human Rights Law, N.Y. City Admin. Code §§ 8-101 –…Read More
On October 22, 2015, the New York State Division on Human Rights (the "Division on Human Rights," the "Division," or the "NYSDHR") issued a then-proposed regulation prohibiting employers with four or more employees from firing or refusing to hire an individual, and from discriminating against an individual in compensation or in the terms and conditions of employment, because of the…Read More
Effective May 4, 2016, a new statute prohibits most employers in New York City from discriminating against any individual because he or she gives care, or is perceived as giving care, for a minor child, a disabled relative, or a disabled household member. Specifically, on January 5, 2016, New York City Mayor Bill de Blasio signed, into law, Local Law…Read More
"I married Miss Right. I just didn’t know her first name was Always.” - Red Skelton In New Jersey, may an employer terminate a worker because that worker is having marital problems? The short answer is: 'No, but stay tuned to this station for further developments.' The New Jersey Law Against Discrimination, N.J.S.A. §§ 10:5-1 – 10:5-30 (the "NJLAD"), renders…Read More
On October 21, 2015, New York State Governor Andrew M. Cuomo signed into law five bills which, effective January 19, 2016, and by means of amendments to existing laws, increase protections for employees against gender discrimination. Among other things, these five bills (collectively, the "New York Women's Equality Agenda," the "Women's Equality Agenda," or the "NYWEA") authorize awards of treble…Read More
The New York Whistleblower Law, N.Y. Labor Law §§ 740 - 741, prohibits all employers from discharging, suspending, demoting, or otherwise retaliating against an employee because the employee, among other independent actions, discloses to a supervisor or to a public body an unlawful activity, policy or practice of the employer that creates and presents a substantial and specific danger to…Read More
The New Jersey Conscientious Employee Protection Act, N.J.S.A. §§ 34:19-1 – 34:19-8 ("NJ CEPA"), prohibits all public and private employers from retaliating against employees who disclose, object to, or refuse to participate in certain actions that the employees reasonably believe are either illegal or in violation of public policy. More particularly, the New Jersey Conscientious Employee Protection Act bars all…Read More