Author Archives: Publius

About Publius

"Publius” a former labor and employment litigation attorney in New York City with experience representing both management and employees in a broad range of labor and employment matters. As a "reformed" attorney, Publius is looking to provide the people of New York City with information that will educate them as to their legal rights and, if appropriate, connect individuals with attorneys that can assist them.

How To Avoid A Potential Pitfall For Disability Discrimination Claims

Employees that file (or intend to pursue) a claim for disability discrimination must be careful if they also file a claim for short-term, long-term or Social Security disability benefits.   The need for caution arises because the elements necessary to … Continue reading

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Paula Deen Probably Wishes She Settled That Employment Discrimination Lawsuit A Long Time Ago [UPDATED]

What we here have found interesting about all the controversy surrounding Paula Deen recently is that it all stems from an employment discrimination lawsuit filed by a former employee.  As a former attorney that has brought many of these types … Continue reading

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New York City Bans Discrimination Against The Unemployed

On June 11, New York City became the latest of a growing minority of jurisdictions to ban employment discrimination on the basis of an individual’s unemployment status.  The bill was passed by City Council then vetoed by Mayor Bloomberg, but … Continue reading

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Reverse Age Discrimination Is Illegal In New York

While the vast majority of instances of age discrimination more traditional forms of age discrimination (i.e., older employees being let go as part of a layoff or RIF), many people might be surprised by the number of times we hear … Continue reading

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Is It Legal To Discriminate Against Smokers?

Over the past few months, we have seen a number of articles about employers (mostly hospital and other medical businesses) announcing “Tobacco-Free” or “Non-Nicotine” hiring policies – meaning that that they will no longer hire smokers.  While we are not … Continue reading

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I Am An Unpaid Intern, Should I Be Paid?

While the answer depends on the nature of your internship, the answer is yes, you probably should be paid for your “internship.”  There have always been unpaid interns, but the phenomenon has steadily increased over the past few years after … Continue reading

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What Is the Statute of Limitations For Employment Claims in New York?

A statute of limitations is the time period that an individual has to bring a lawsuit, either by filing the claim in court or with an administrative agency.  The answer to this question, however, depends on the type of claim … Continue reading

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What Is An Exempt Employee?

While “exempt” can have a number of different meanings (especially in the context of public and civil service employees), generally an “exempt” employee is one that is exempt from the minimum wage and/or overtime requirements of the Fair Labor Standards … Continue reading

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What Types of Retaliation Are Illegal in New York?

The term “whistleblower” gets thrown around a lot these days, but one of the more common misperceptions by employees is the erroneous assumption that all retaliation by an employer is illegal.  That is simply not the case, even if the … Continue reading

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Can My Employer Force Me To Take A Drug Test?

Generally, the answer is yes and your employer can terminate you if you fail the drug test. Legal Background The United States Supreme Court first upheld the right of an employer – in this case the federal government – to … Continue reading

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