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.
As New York employees may know, employers are obligated to pay overtime when an excess of 40 hours per week is worked. Violating employee overtime regulations may cause problems for both the employee and employer. From 2008 to 2011, the number of lawsuits concerning failure to pay overtime grew by 32 percent. Employees may benefit from being alert to the ways used to avoid overtime pay.
New York readers with a taste for fast food may be interested in the latest issue for McDonald's and the labor practices of its franchisees. Labor law experts feel that the chain could be named as a joint employer in numerous complaints filed by workers at franchised restaurants. This could make the McDonald's Corporation liable for the management decisions of franchisees.
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.
Actress Nicollette Sheridan is seeking her day in court again on allegations that she was wrongfully discharged from her role on the television series, “Desperate Housewives.” The employment law case has certainly included its own levels of drama, with twists and turns through its history. The case has already gone before a jury, a trial that ended in a deadlock under the law in the state where the trial was held. Jurors hung, with more favoring Sheridan in her claim for wrongful termination, according to the New York Daily News.
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.