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DisabledEmp

How is disability discrimination dealt with in New York?

By Mansell Law, LLC |

The Americans With Disabilities Act (ADA) is a federal law that prohibits employment discrimination on the basis of disability or perceived disability. It is enforced by each state, New York included, in tandem with the state’s own antidiscrimination provisions. The ADA is the law that a disabled person will generally cite if they believe… Read More »

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Complaint2

What is workplace retaliation?

By Mansell Law, LLC |

When an employee complains about poor conditions, or provides information to an agency looking to protect workers, it would be nice if an employer accepted the feedback and learned from it. However, it is all too common for employers to react vindictively, retaliating against the employee who has complained via pay cuts, demotions, or… Read More »

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FMLA

What constitutes a violation of the Family Medical Leave Act?

By Mansell Law, LLC |

The Family Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid leave to manage certain family or medical situations. In theory, if an employee meets the criteria, they are entitled to as much as 12 weeks’ unpaid leave per calendar year. However, some employers do deny FMLA requests… Read More »

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WageHour4

How can I make sure I get paid for my overtime work?

By Mansell Law, LLC |

In general, but especially during the months of the COVID-19 pandemic, employees (particularly essential employees) have been working long shifts, and depending on their employers, they may not have been getting the pay and benefits they deserve. Unpaid overtime is a constant concern for hourly wage workers, and if you believe that you have… Read More »

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Employment1

What are “just cause” protections and do they apply to me?

By Mansell Law, LLC |

In every U.S. state, an employer can generally fire an employee at will, meaning that they do not require a specific cause in order to terminate someone. However, this has resulted in a manifestly unequal balance of power in U.S. workplaces – most of the time, when an employee is fired from their job,… Read More »

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HarassmentTraining

How do I show a hostile work environment exists in my office?

By Mansell Law, LLC |

Every workplace may have a modicum of jokes, teasing, or even harassment, with the level of acceptance varying between employers. However, it is in the employer’s best interest to not allow inappropriate behavior to mushroom, because if it rises to the level of a hostile work environment, anyone who can demonstrate that they were… Read More »

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EmpDisc

Does New York have ‘ban the box’ laws?

By Mansell Law, LLC |

In recent years, there has been a movement across the U.S. to ‘ban the box’ – to prohibit employers from using a person’s past criminal history as a reason not to hire or retain them as an employee. New York has been one of the forerunners, passing extensive statewide legislation affecting both the public… Read More »

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ReligDiscr

How is religious discrimination handled in New York City?

By Mansell Law, LLC |

New York City has one of the most expansive human rights laws in the United States, which goes a long way toward ensuring that as many people as possible have the right to seek justice if they have experienced discrimination, particularly in housing or employment. Claims are filed on a host of bases, including… Read More »

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LaborCalc

How can I bring an ERISA claim against my employer?

By Mansell Law, LLC |

The Employee Retirement Income & Security Act (ERISA) was passed in 1974, with the intent of giving more workers the chance to participate in employee benefit plans for retirement and for disability insurance, should it ever be necessary. However, very often, employers will find any possible reason to deny ERISA claims, given how much… Read More »

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Employee

Has the COVID-19 pandemic affected employment discrimination claims?

By Mansell Law, LLC |

As of this writing, the United States is being hit by another spike in cases of COVID-19, affecting every industry and forcing employees into difficult positions. However, none of this is grounds for allowing employers to act unethically, and where true discriminatory action exists, employment discrimination claims have continued to be filed. If you… Read More »

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