New York companies that fail to adhere to federal employment laws and regulations could be sued by the Equal Employment Opportunity Commission on behalf of the employees who have been discriminated against. In addition to providing workers with legal representation following discrimination incidents, the EEOC also investigates a dozen different kinds of discriminatory behavior.
New York employees may be surprised to learn that their employers may be required to compensate them for the time they spend taking breaks or eating their meals. The federal Fair Labor Standards Act provides some guidance with respect to these matters.
Many companies in New York engage in subtle or overt age discrimination. When an employer assumes that older workers have less energy and motivation than younger workers, these assumptions can result in unfair hiring practices. Older workers are often turned down for jobs because employers believe that they are nearing retirement and in poor health.
Employers in New York and around the country are not allowed to underpay employees based on their gender. If an employer pays higher wages to male employees for doing the same work as female employees, the employer could be violating Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963.
On Dec. 1, the exempt overtime salary threshold was supposed to increase from $23,660 to $47,476. However, a judge on the U.S. District Court for the Eastern District of Texas put its implementation on hold. To comply with these rules, employers in New York and elsewhere in the country had the option of increasing worker salaries above the new limit. They also had the option of reclassifying exempt employees as nonexempt.