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SexH2

What Does New York Law Consider Sexual Harassment In The Workplace?

By Mansell Law, LLC |

Sexual harassment is a pervasive problem in U.S. workplaces, particularly for women, though employees of all genders may experience this phenomenon. The Equal Employment Opportunity Commission (EEOC) received approximately 6,500 new claims alleging sexual harassment in 2020, which does not sound like much, but it makes up around 10 percent of all claims received…. Read More »

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Cubicle

What Are Some Signs Of Retaliation?

By Mansell Law, LLC |

Retaliation is one of the most common charges filed with the Equal Employment Opportunity Commission (EEOC), with over half of all complaints received alleging some type of that behavior. Retaliation is when an employer takes negative employment action against an employee even though they have no right to do so. If you suspect you… Read More »

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Timesheet

What Is A Wage And Hour Claim?

By Mansell Law, LLC |

When people think about consulting an employment lawyer, they usually think about doing so because of discrimination in the workplace. However, there is another type of employment law claim that may not be hinged on such behavior, or may be only tangentially. These are known as wage and hour claims; they cover all the… Read More »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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