Switch to ADA Accessible Theme
Close Menu

Author Archives: Jay Butchko

EmpDiscrimination

What Are Employer Obligations Under The New York City Human Rights Law (NYCHRL)?

By Mansell Law, LLC |

The U.S. Constitution contains a provision known as the Supremacy Clause, which holds that federal law will always prevail over state or city law. This means that if a federal law and a local law are in conflict, the federal law will always be the one upheld by the court. However, this does not… Read More »

Facebook Twitter LinkedIn
Pension

What Exactly Constitutes An ERISA Claim In New York?

By Mansell Law, LLC |

In 1974, the U.S. federal government passed the Employee Retirement Income Security Act (ERISA), intended to protect employee benefit plans by establishing minimum standards for pension plans and fiduciary conduct. If your employer is preventing you from accessing the benefits you have earned through your career, you may be able to file an ERISA… Read More »

Facebook Twitter LinkedIn
Layoff

What Does Wrongful Termination Look Like In New York?

By Mansell Law, LLC |

New York, like all other U.S. states, is an “at-will” state when it comes to employment, meaning that both the employee and the employer can sever the employment relationship at any time. However, if an employer terminates an employee, it still may not be for any unlawful reason. If you have been terminated by… Read More »

Facebook Twitter LinkedIn
1099_W2

What Are My Remedies If My Employer Misclassifies Me?

By Mansell Law, LLC |

When an employee is hired, they are classified either as a full time employee or an independent contractor. This classification is anything but arbitrary; it is used primarily for tax purposes, but it also governs people’s entitlement to certain advantages and benefits of employment. Sometimes, an unscrupulous employer may misclassify full-time or part-time employees… Read More »

Facebook Twitter LinkedIn
Whistleblower7

What Is “Protected Workplace Activity” In New York?

By Mansell Law, LLC |

The Equal Employment Opportunity Commission (EEOC) statistics show that retaliation was the most common charge brought against employers in 2020, also making up a high percentage of claims in years past. Retaliation is when an employee experiences negative employment action (such as a demotion, a pay cut, or even a firing) because they engaged… Read More »

Facebook Twitter LinkedIn
NonCompete

What Is A Non-Compete Agreement?

By Mansell Law, LLC |

When a person chooses to leave their job, they will simply be allowed to depart in the strong majority of cases. However, employees in certain industries, or those with certain extraordinary skills, may be asked to sign what is known as a non-compete agreement. These agreements are sometimes appropriate, but very often, they can… Read More »

Facebook Twitter LinkedIn
HarassmentTraining

Fox News Fined $1 Million For Sex-Based Harassment & Retaliation

By Mansell Law, LLC |

A five-year investigation by the New York City Commission on Human Rights (NYC-CHR) into an alleged hostile work environment at Fox News Media has led to a $1 million settlement, plus mandated changes in the network’s policies surrounding sexual harassment, retaliation, and other human rights claims. Sex and gender discrimination are among the most… Read More »

Facebook Twitter LinkedIn
FMLA3

How Does New York State Paid Family Leave work?

By Mansell Law, LLC |

The COVID-19 pandemic has seen too many employees placed in difficult positions; caring for themselves or family members has forced many to leave jobs or juggle schedules. However, many employees do have access to family leave, particularly those in New York. New York State has one of the most comprehensive paid family leave packages… Read More »

Facebook Twitter LinkedIn
DisabledEmployee

Terms To Know In Workplace Disability Discrimination Cases

By Mansell Law, LLC |

The Americans With Disabilities Act (ADA) was signed into law in 1990, ostensibly prohibiting discrimination against disabled people in all aspects of life, including employment. New York’s Human Rights Law does the same thing. However, while many overt forms of discrimination are becoming less common, more subtle kinds of disability discrimination are sadly endemic…. Read More »

Facebook Twitter LinkedIn
EmployeeRights

What Rights Do I have As An “At-Will” Employee?

By Mansell Law, LLC |

While it may be unpleasant to hear, it is a truism that most employees in New York, and indeed in the entire United States, are “at-will” employees. This means that those employees, lacking a valid employment contract, are at risk of termination at any point, for any legal or ethical reason. If you are… Read More »

Facebook Twitter LinkedIn