Category Archives: Uncategorized

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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What Damages Are Available From The EEOC?

As we have mentioned a few times in the past, the EEOC is responsible for enforcing a number of federal laws that prohibit discrimination and retaliation in the workplace.  These federal laws include: Title VII of the Civil Rights Act … Continue reading

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Am I Entitled to Severance If I Am Laid Off Or Fired?

The simple answer is no.  Neither federal law nor state law requires your employer to pay you severance if you are let go, no matter how long you worked there.  Despite this, many employers do pay severance.  Why?  Simple, they … Continue reading

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Common Questions About The FMLA

While there could be hundreds of different questions that you could have about the FMLA, I will try to answer a few of the most common questions below: Is My Employer Required To Offer Me FMLA Leave If It Has … Continue reading

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What is the Difference Between the EEOC and the New York State Division of Human Rights?

The missions of the Equal Employment Opportunity Commission (EEOC) and New  York State Division of Human Rights (State Division) are very similar: both are responsible for enforcing laws that make it illegal to discriminate against employees in New York that … Continue reading

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