New York employees may be interested to learn that the U.S. Court of Appeals for the 9th Circuit ruled that employees who make reports internally about violations the company or another employee may be involved in are covered by the whistleblower provisions under the Dodd-Frank Act. This means that employees do not have to file a report with the Securities and Exchange Commission to still be protected against retaliation.
Reviews on the Internet forum Yelp can be very important for businesses on Long Island. When customers share their opinions and star ratings, the Yelp reviews can have a profound influence on potential new ones. In early 2016, Yelp received a review of its own when a disgruntled customer service agent wrote an open letter to the company's CEO and posted it online.
New Yorkers should be careful with what they post on Facebook when they take medical leave from work, as was demonstrated by a recent federal case. A Florida man who took 12 weeks off from his job at a nursing home for FMLA leave and then an additional 30 days of non-FMLA leave was fired after his coworkers reported vacation photos he posted during the period.
A New York employee who encounters corrupt behavior on the job may find that there is a need to report such behavior to outside authorities if a supervisor or employer fails to act on the information. However, there are provisions for outside reporting if a such activity continues or if a whistleblower is harassed for bringing attention to such a situation. The U.S. Securities and Exchange Commission is such an outside entity and operates its Office of the Whistleblower to oversee such issues as they relate to securities. In addition to handling reports of violations of securities laws, the office may reward whistleblowers whose assistance results in sanctions in excess of $1 million.
U.S. citizens are not the only people who enjoy employee rights. New York state labor laws protect all workers, including foreign-born employees who might be classified as undocumented, according to the state's Department of Labor. Regardless of immigration status, everyone is entitled to receive overtime pay, be paid at least minimum wage, and have the right to file complaints in cases of wrongful termination and other employment disputes.
Debate and commentary over minimum wage laws seems to be garnering a great deal of attention these days all across the country. But, there is another area where businesses may be short-changing workers, regardless of minimum or agreed upon wages that are above the minimum wage. Wage and hour disputes and the failure to pay overtime are issues that have been finding their way into courtrooms in New York—and in other states across this nation.
A surgical assistant in one of New York’s neighboring states says that she was wrongfully discharged after she suffered burns in an accident. While the woman worked in a medical facility, she says that she was not given time off to seek treatment for her burns.
A divorce and child custody issue caused a man a great deal of stress in 2008 and 2009. The man worked for Chevron, and after losing some focus at work, he sought to take medical leave under the Family and Medical Leave Act to address his stress. He had learned that the FMLA covers life changing family issues. And when his wife moved out of state with his 5-year-old son, he thought about taking the leave.
In today’s economy, employment law issues can involve a wide array of important concepts. Employment contract issues may arise in many different types of industry. People may be familiar with the idea from media reports about contact negotiations between businesses and high level executives at a company. Often, major media personalities (or local broadcast personalities) may hit the headlines over a non-compete agreement dispute with a former employer.