Living Wage and Minimum Wage – State Overview
Living wage and minimum wage. There’s a distinct difference between the two. For employees working at an hourly rate, it is essential that their employer follow all relevant laws regarding employee pay, overtime, and leave. Employees who make the federal minimum wage, or close to it, are automatically classified as non-exempt, meaning the employer is legally required to pay overtime rates for every hour over 40 in a work week. Under the Fair Labor Standards Act (FLSA), employees who have …
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Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
In this episode, we discuss the recently passed Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This law bars employers from enforcing pre-dispute arbitration for claims of sexual assault or sexual harassment. Cathryn Harris-Marchesi is The Noble Law’s partner in New York City, a federal constitutional attorney with a focus in employment law, and a member of the Women’s Intercultural Network. She joins Laura to discuss the outcomes of this new law. What is arbitration? Arbitration …
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4th Circuit Decision and the Equal Pay Act
On December 3, 2021, the U.S. Court of Appeals for the Fourth Circuit ruled in favor of Tracy Sempowich’s claim under the Equal Pay Act. Ms. Sempowich was represented by employment law attorney Katie Abernethy, a partner at The Noble Law. The ruling– which will likely influence other cases that allege sex-based pay discrimination– stated that courts should evaluate the equality of pay on the basis of wage rate, not total compensation. This means that courts will evaluate each component of …
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Workplace Racial Discrimination in New York
As we’ve previously outlined in this space, New York State has some of the nation’s strongest protections against workplace racial discrimination and harassment. New York law protects employees from racial discrimination in the workplace that leads to things like: It is also essential to note that, should an employee complain about racial discrimination on the job or file a charge with the New York State Division of Human Rights or U.S. Equal Employment Opportunity Commission, an employer cannot take adverse …
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Workplace Sexual Harassment Post-Covid
Workplace sexual harassment of employees is an awful and unfortunately commonplace situation that can damage people in many ways. An Equal Employment Opportunity Commission (EEOC) study found that anywhere from 25-85% of women have experienced sexual harassment in the workplace. For a variety of reasons, that study also found that 75% of workplace harassment incidents go unreported. Workplace sexual harassment certainly did not vanish when many jobs went remote at the onset of the Covid pandemic (as we note below, …
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New York State Equal Pay Protections
Both the Equal Pay Act of 1963 and the New York State Equal Pay Act were designed to address the practice of employers paying their female employees less than male colleagues performing the same responsibilities. These laws provide an avenue for female employees dealing with this issue to address the disparities in compensation. Individuals who live in New York State can find additional resources, overviews of other relevant statutes, and file a complaint about workplace discrimination by visiting the website …
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Equal Pay Settlement for USWNT – Katie Abernethy on WRAL
Renee Chou, WRAL Anchor: After a 6 year court battle with several members of the World Cup championship team over equal pay, the U.S. Soccer Federation has reached a settlement with the players. WRAL’s Amanda Lamb just spoke with members of the North Carolina Courage, and she joins us from the WakeMed Soccer Park in Cary. Amanda? Amanda Lamb, WRAL Reporter: Renee, this is the result of a lawsuit filed in March of 2019 by 28 players from the U.S. …
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Conversation and Compromise: How to Make the Most of Mediation
Mediation can be a difficult process for both plaintiff and defendant. This episode, Laura Noble speaks with Steve Dunn, an attorney and certified mediator, who explains how to refresh your approach to mediation and achieve the best possible outcome. What is mediation? Mediation is a designated occasion where opposing parties talk about settlement, facilitated by a neutral third party. It is a structured discussion about resolution and is a unique opportunity for both parties to work towards the same goal: …
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New York Employment Law: Cannabis
The Marijuana Regulation and Taxation Act (MRTA) is a 2021 law passed in New York State that legalizes the recreational use of cannabis while also amending New York Labor Law. Employers and employees in New York should have a full understanding of this law and their rights and obligations under it. As an employment law firm that serves the state of New York, The Noble Law wanted to dig into the details of what this New York employment law means …
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New Law Provides More Protections for New York Whistleblowers
On January 26, 2022, updates to New York Labor Law § 740 will cause major changes to New York whistleblower laws. Cathryn Harris-Marchesi, partner and employment attorney at The Noble Law, explains these revisions in our most recent audio blog. Extending New York Whistleblower Protections Prior to the enactment of this amendment, whistleblower law in New York provided little support for employees who spoke out against their employer’s violation of the law. Employers could only be held accountable for retaliation …
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