Wrongful Termination
The anti-retaliation provision of Title VII of The Civil Rights Act of 1964, as amended (“Title VII”) prohibits an employer from “discriminat[ing] against any of his employees . . . because he has made a charge” under Title VII. 42 U.S.C. § 2000e-3(a). Title VII allows “a person claiming to be aggrieved” to file a charge with the U.S. Equal…Read More
On January 29, 2014, Newark Mayor Luis Quintana signed into law the Newark Sick Leave for Private Employees Ordinance, Ordinance 13-2010 (the “Newark Sick Leave Ordinance,” the “Sick Leave Ordinance,” the “Ordinance,” or the “NSLPEO”). Effective May 29, 2014, the Sick Leave Ordinance requires employers in Newark, New Jersey which employ 10 or more employees to afford each employee one hour of paid sick time…Read More
The Department of Defense Appropriations Act for Fiscal Year 2010 (the “DOD Act”) was signed by the White House on December 19 of last year and became effective on February 17, 2010. The DOD Act, section 8116, bars any company which is a party to any agreement in excess of $1,000,000 with the U.S. Department of Defense, and any company…Read More
Periodically, your business in Manhattan, NY 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 Manhattan 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 Manhattan must address employees’ performance and…Read More
On November 20, 2017, in Chauca v. Abraham, an employment discrimination case, the Manhattan 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 actions amount…Read More
On November 6, 2017, the 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 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, the 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 – 8-131 (the “City…Read More
Effective May 4, 2016, a new statute prohibits most employers in Manhattan, NYC 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 1 of 2016 (“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 “Manhattan Women’s Equality Agenda,” the “Women’s Equality Agenda,” or the “NYWEA”) authorize awards of treble damages in…Read More