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January 2017 Archives

How Trump may impact LGBTQ employee rights

New York residents may be aware of former President Barack Obama's progressive policies toward the LGBTQ community. In July 2014, he signed Executive Order 13672, which forbid federal contractors from discrimination based on gender identity and sexual orientation. However, the election of Donald Trump has called into question whether or not that order would be overturned. The White House press secretary said that he wasn't sure if Trump would undo the order when asked by a reporter.

Ruling favors ADEA claims for older workers

Older workers who are a part of the workforce in New York may want to know about a recent ruling from the Third Circuit Court of Appeals. The decision has set a precedent and may make it easier for certain groups of older workers to submit lawsuits under the Age Discrimination in Employment Act, or ADEA, using the disparate impact theory of liability. In addition, the decision runs counter to the rulings issued by the Second, Sixth and Eighth circuit courts and adds an element of uncertainty for national employers.

Timekeeping software may short hourly employees

Hourly New York employees should be aware that a recent study found that timekeeping software can undermine compliance with federal wage and hour laws. Under the Fair Labor Standards Act of 1938, employees are protected when it comes to their basic minimum wage and overtime. However, the regulations were last updated back in 1987 when employers were still largely relying on hand-recorded time sheets.

Ways employment discrimination can be subtle

Some workers in New York might be aware of employment discrimination on grounds such as race, sex and nationality. However, they might not realize they could be discriminated against in other ways as well. For example, a part-time employee might be regarded by full-time employees as being less dedicated.

Updates to the foreign worker anti-discrimination law

Protection has increased for foreign national workers who are employed in New York. The U.S. Department of Justice's Civil Rights Division made changes to the Immigration and Nationality Act (INA) found at 8 U.S.C. 1324(b). Although this act provides protection for international workers and employers, workers were still vulnerable to being overly scrutinized. The identification screening process involves providing proof of authorized I-9s and E-verification.

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