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Hostility2

Is My Work Environment Hostile?

By Mansell Law, LLC |

It is all too easy for anyone who may experience negative interactions at work to argue that their work environment has become hostile. However, a true “hostile work environment” must meet several specific criteria under both New York and federal law, and even if your current position fits that bill, it may not be… Read More »

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Misclassification

What Are My Options If I Suspect I’ve Been Misclassified?

By Mansell Law, LLC |

When someone accepts an offer of employment, they are then classified on their employer’s books as an employee. This means that they are entitled to certain guarantees and benefits, such as access to workers’ compensation insurance, minimum wage, and overtime pay. However, some unscrupulous employers misclassify their employees as independent contractors, ostensibly to save… Read More »

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How Do I Make An ADA Claim Against My Employer?

By Mansell Law, LLC |

While disabled workers are at least theoretically protected from discrimination in the workplace, in reality, many employers try to ignore federal and state laws like the Americans With Disabilities Act (ADA) for a variety of reasons. Some may try to disguise discriminatory intent behind facially neutral communication, while others do not even hide their… Read More »

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NonCompete

Are Non-Compete Agreements Legal In New York?

By Mansell Law, LLC |

In some industries, employees may be asked to sign what is known as a non-compete agreement, either upon their hiring or upon their departure. Non-competes, as they are referred to, came about to help companies protect trade secrets when employees departed, as without them, there was nothing to stop an employee from using those… Read More »

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LunchTime3

Are Meals And Short Breaks Required Under New York Law?

By Mansell Law, LLC |

The average worker usually labors under the impression that meal breaks and rest or smoke breaks are guaranteed by law. In reality, the federal Fair Labor Standards Act (FLSA) does not require employers to provide these amenities – though several New York state laws do mandate meal breaks. If you work a job in… Read More »

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ERISA2

Does ERISA Protect New York Employees?

By Mansell Law, LLC |

The Employee Retirement Income Security Act (ERISA) was passed in 1973, at the federal level. It was designed to establish minimum standards for private retirement and health plans (more specifically, voluntary plans, provided by employers even though no law makes them do so), ensuring that retired workers receive what they put in. However, sometimes,… Read More »

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ClassAction3

Class-Action Suit Claims Employees Were Not Paid On Time

By Mansell Law, LLC |

Some of the most common employment disputes involve payment – how much, for what, and when. In a lawsuit filed in early February 2022, a group of employees at Party City alleged that they were only paid bi-weekly, while New York law requires that workers must be paid weekly. While the facts of the… Read More »

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ReligiousSymbols

Do I Have “Religious Freedom” In The Workplace?

By Mansell Law, LLC |

The First Amendment to the United States Constitution guarantees freedom of religion in that “Congress” (and government in general) cannot favor one religion over another. However, what many people miss in this day and age is that the First Amendment does not apply to private enterprise, or in some cases, only applies in specific… Read More »

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CovidEntry

What Is New York’s Position On Unvaccinated People In The Workplace?

By Mansell Law, LLC |

While U.S. numbers of COVID-19 cases still remain at an elevated level, some states are choosing to end mask and vaccine mandates, arguing that current variants are more “mild” and that such precautions endanger mental health. New York is rolling back some of its directives, but this does not include the vaccine requirements in… Read More »

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Layoff3

Was I Wrongfully Terminated From My Job?

By Mansell Law, LLC |

It can be a hard truth that in the United States, most employers may terminate their employees on what is known as an ‘at-will’ basis – essentially, at any time, for any reason. While employees can (at least in theory) leave their employment for the same motivations, this does not mean that there is… Read More »

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