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November 2014 Archives

Aspects of a New York employment contract

When an employee is hired, that person may be required to sign a contract with the employer. While some portions of an employment contract are standardized, it may be possible to customize a contract if necessary. Common clauses added to an employment contract may be a no compete agreement or a confidentiality agreement. Other common clauses may include a best efforts clause or a no further compensation clause.

What are the different types of workplace sexual harassment?

When an employer sexually harasses a worker in New York, the employer is considered to be in violation of Title VII of the Civil Rights Act of 1964. Two different kinds of workplace sexual harassment are listed under Title VII. The first kind of sexual harassment is quid pro quo, and the second kind is hostile work environment.

How is overtime calculated?

In New York state, most employees are owed overtime pay if they work more than 40 hours in a given week. When calculating overtime pay, a workweek is defined as seven consecutive 24-hour periods. The workweek can be set by the employer, and multiple workweeks may be used for different groups of employees. In some cases, residential employees may not receive overtime until they work 44 hours or more in a workweek.

What is considered religious discrimination?

Religious discrimination occurs when a New York employer harasses, segregates or makes other employment decisions based on an employee's religious views. Discrimination also occurs if an employer makes hiring decisions based on an applicant's strongly-held religious beliefs. Such practices are prohibited under Title VII of the Civil Rights Act of 1964. In the event that an employee needs to wear a head covering, is not allowed to cut his or her hair or needs other accommodations, an employer must generally provide them.