White Plains, New York, Employment Law Blog

McDonald's facing multiple claims of sexual harassment at work

On behalf of Gould & Berg, LLP posted in employment litigation on Monday, November 18, 2019.

Feeling unsafe or otherwise mistreated in the workplace can be difficult to handle. Some workers may think that they have to put up with the mistreatment because there is no other option, and others may want to take legal action to address sexual harassment and other issues. In such cases, knowing one's rights can be important.

New York readers may be interested in a proposed class action lawsuit involving McDonald's. According to reports, a female employee indicated that she and approximately 50 other workers have filed sexual harassment complaints with the U.S. Equal Employment Opportunity Commission within the last three years. The woman stated that she began facing harassment soon after starting her position and that it went on for over a year.

Wage theft case comes to $2.4 million settlement

On behalf of Gould & Berg, LLP posted in wage & hour claims on Wednesday, November 13, 2019.

Some people may think that getting paid for a job should be relatively straightforward. In an ideal scenario, it would be as simple as someone getting paid for performing a service. However, many employees experience wage theft because employers do not pay minimum wage, do not account for tips properly or otherwise fail to compensate their workers as necessary.

New York readers may be interested in a class action lawsuit regarding wage violations in another state. Apparently, several restaurants owned by the same chef implemented a service fee in efforts to counterbalance an increase in the state's minimum wage. The service fee was charged to the restaurants' guests, but the patrons were not told what the service fee was for. As a result, many patrons believed that the fee went toward the tips for tipped workers.

Gender discrimination contributes to burnout among female doctors

On behalf of Gould & Berg, LLP posted in gender & pregnancy discrimination on Tuesday, November 5, 2019.

Being a doctor is an admirable profession. In many cases, individuals hold a person's life in their hands and work to save that life. Of course, many doctors do not receive the thanks they deserve, which can be disheartening. For female doctors in particular, facing gender discrimination and harassment on the job can make burnout all the more likely.

New York readers may be interested in a recent report that looked at burnout among doctors. The report looked at the working conditions of surgical residents as well as their work hours and whether they experienced burnout. The survey showed that 42% of female surgical residents experienced burnout while 36% of male surgical residents said the same. It is suspected that mistreatment on the job accounts for the differences between female and male residents.

Wage theft case comes to settlement; workers to receive back pay

On behalf of Gould & Berg, LLP posted in wage & hour claims on Monday, October 28, 2019.

Most New York workers want to do their best whenever they are on the job. Often, compensation and other benefits can act as encouragement to do a good job. However, some workers may do their duties to the best of their abilities but not receive proper compensation due to wage theft.

Over 65 workers in another state were affected by such wrongdoing, and a lawsuit addressing their ordeal recently came to a settlement. Reports indicated that workers for a chain of residential care homes were intimidated by their employers to work in unfavorable conditions. Those conditions included having to work over 87 hours a week while only receiving about $4 per hour in compensation. The workers were also purportedly forced to sign false statements regarding the working conditions.

Survey indicates that workplace discrimination remains prominent

On behalf of Gould & Berg, LLP posted in workplace discrimination on Thursday, October 24, 2019.

All New York workers want to feel comfortable in their places of employment. They should not have to feel as if they will be mistreated for no reason, but many workers across the country do experience workplace discrimination. Unfortunately, it can affect individuals in all industries and of all ages.

It was recently reported that a survey conducted with approximately 1,100 employees showed that about 60% of those employees saw or experienced discrimination at work. The discrimination was on the basis of various factors, including age, gender, race and sexual preference. Though creating a welcoming environment in which workers from all backgrounds feel comfortable should be a priority for employers, this survey indicates that such an environment is not always what individuals experience.

Understand pregnancy discrimination to prevent it at work

On behalf of Gould & Berg, LLP on Friday, October 18, 2019.

In the workplace, there are lots of ways to be discriminated against. Of them, one of the most painful is being discriminated against when you're pregnant.

When a woman is pregnant, the likelihood is that she wants to feel accepted and excited about growing her family. Still, pregnancy is no cake walk, and having an employer who is treating you unfairly can make it even more frustrating.

Worker claims retaliation after being fired

On behalf of Gould & Berg, LLP posted in retaliation on Tuesday, October 15, 2019.

It can be difficult to feel singled out in any type of situation, especially if the attention that results is negative. Some workers may find themselves singled out by employers or managers as an act of retaliation for filing a complaint. In some cases, the mistreatment could even come as a dismissal from the job.

New York readers may be interested in this type of event that affected a man in another state. According to reports, the man had worked at a Mercedes-Benz dealership for 30 years and was dismissed from his position in 2017. The man believes that the firing occurred as a form of retaliation after he complained about the manner in which African American customers were treated and about racial slurs used by staff members.

New York workers could be fired for illegal reasons

On behalf of Gould & Berg, LLP posted in employment litigation on Tuesday, October 8, 2019.

Losing one's job is never an easy experience. Some New York residents may go over the event in their minds numerous times to determine whether they could have done anything differently to prevent this outcome. However, some people know that they did nothing wrong and that they were unjustly terminated from their position due to illegal reasons.

Wrongful termination can happen in various ways. It is important to note that employers do not have to have specific reasons for firing at-will employees, but if a worker is dismissed for unlawful reasons, wrongful termination may have occurred. For instance, if an employee believes that he or she faced discrimination on the job and then was fired, it is possible that the termination was illegal.

How can workers address pregnancy discrimination?

On behalf of Gould & Berg, LLP posted in gender & pregnancy discrimination on Thursday, October 3, 2019.

Many people have more than one goal in life. For some New York residents, having a career and having a family are two goals that they want and likely can achieve. However, some women may have a difficult time reaching these goals if they face pregnancy discrimination in the workplace.

If a worker feels that she has been discriminated against due to being pregnant, she may wonder what to do. A good place to start is to go over the employee handbook to determine whether there are policies on how to handle discrimination complaints. Hopefully, the handbook will detail how to file a complaint and what actions should be taken afterward. However, it is important to remember that, if a company has fewer than 15 employees, it may not have to comply with federal laws prohibiting such discrimination.

What is sexual harassment in the workplace?

On behalf of Gould & Berg, LLP on Tuesday, September 24, 2019.

Sexual harassment is a problem in many workplaces, but it isn't something that workers should have to deal with. Employers must have specific rules against sexual harassment in all forms. They must relay these to all workers, including supervisors, so everyone knows that it isn't tolerated.

As part of the plan, there should be dedicated supervisors who can take these complaints. Employees must be able to provide their complaint about the behavior to whichever supervisor they feel most comfortable speaking to, but only people who are familiar with applicable laws should address these complaints.

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