Many employees believe the First Amendment protects everything they say at work-but that’s not the full story. Read on to learn what’s really protected, and what isn’t. How far can you claim free speech is your right in the workplace? Employers have been known to discipline employees for their on-site activities, such as disruptive expressions of opinion or efforts to protest company policies. While it may seem that such activities are within an employee’s free speech rights, the …
Arbitration Over Litigation; Why Employers Prefer It & Why You Should Be Wary
Most employment agreements contain provisions which require all disputes arising out of your employment to be resolved through arbitration: (Arbitration: a way to resolve a dispute outside of court. It's an alternative to litigation that's often faster and less expensive.) Arbitration is usually found toward the end of the contract in small print using language that is unfamiliar and perhaps meaningless to you. People usually think that if there is a problem with my job, I’ll just go to a …
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Finally! The Pregnant Workers Fairness Act (PWFA) is Here to Help Employees
The long-overdue federal Pregnant Workers Fairness Act (PWFA), enacted in June 2023, requires employers to provide reasonable accommodations to employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the employer. These requirements are similar to the Americans with Disabilities Act and New York’s own Human Rights Law but go further and are more specific, an important distinction. The PWFA also …
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Is Your Special Needs Child’s Education Being Served by the Special Needs Laws?
There is a federal law that protects children who have special needs in education. The Individuals with Disabilities in Education Act (“IDEA”) requires school districts to identify, locate, and evaluate all children with disabilities in need of special education and related services. Once a child is classified as having special needs, the district must develop an individualized education program (“IEP”) tailored to the child's specific needs. If the district fails to provide a free appropriate …
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Employers: Know the Differences Between the New York and Federal FMLA Guidelines
As an employer, it's essential to have a clear understanding of the laws that govern employee leave, specifically those related to family and medical situations. The Family and Medical Leave Act (FMLA) at both the federal and New York State levels offers protections and obligations that affect how you manage your staff. Keep in mind that employers must comply with both the federal and State FMLA laws. Generally, complying with the New York State law will also suffice for compliance with the …
Does the New York’s New Non-Compete Law Limit or Eliminate Non-Compete Agreements?
Recent legislation in New York has significantly changed the law on non-compete agreements. Bill 3100, which creates a new section in the New York State Labor Law, prohibits employers and employees from entering into non-compete agreements. NY Senate Bill 6748 would invalidate existing non-compete agreements. Both bills were signed into law in 2023. As a result, non-compete agreements are now generally banned in New York, with some exceptions, such as agreements that establish a fixed term of …
Employment at Will: When Is It Legal To Be Fired In NY?
There are many situations in which a termination can be unlawful, but the place you should always start is that in New York State, an employee can be fired for any reason or even for no reason. I know, this can seem like a very scary prospect. Keep in mind though, there are exceptions to this "employment at will" rule. So when is it legal to be fired in NY? It is illegal to be fired in NY if: Your termination violates an employment contract: If you are a managerial employee or have specific …
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Are Ghost Guns Legal in New York State?
‘Ghost guns’ are seemingly flooding the country, being used in all sorts of horrible crimes from drug dealing to murder to robbery. The ghost gun earned its name because it bears no serial number, making it nearly impossible to trace. Typically, the ghost gun is made at home, by an amateur gunsmith, using parts purchased in a state where they are legal. For many years (long before “ghost guns” was a term of art), people across the country combined gun parts to build guns as a hobby. Of …
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Is the New NYC Employment Law Targeting the Use of AI in Hiring a Good Thing?
New York City has enacted a law to prevent discrimination against people by robots, which is to take effect Jan. 2, 2023. The City Council has enacted a law to prevent bias by “Automated Employment Decision Tools.” According to Bloomberg News: "Employers in the city will be banned from using automated employment decision tools to screen job candidates, unless the technology has been subject to a “bias audit” conducted a year before the use of the tool." Is the …
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NY State Employment Discrimination: It’s Not That Simple
New York State and City anti-discrimination laws go significantly further than federal law to protect employees from discrimination by employers. New York protects more categories of people and makes proving some forms of NY state employment discrimination easier than current federal law. Here's the rundown of types of illegal, enforceable discrimination against employees New York employers are prohibited to discriminate based on: Race Color National origin Religion, sex (including …
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Can NY Employers Require Their Employees to Get a COVID-19 Vaccine?
COVID-19 Vaccines: Can a NY employer require you to get one? And should they? The answer is generally, yes, but first we need to distinguish between a private sector employer and a public- state or city- employer. In the private sector, employers have the last say. The employee has a choice to make: either get the vaccination or resign. That being said, as of now, the government has not forced anyone in the private sector to get the vaccine. Remember, in the private sector the general rule is …
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My Take on NY State Paid COVID-19 Vaccination and Family Leave Guidelines
On March 12, 2021, Governor Cuomo signed into law a bill granting public and private employees paid leave in order to get a COVID-19 vaccine, specifically four hours per injection. The NY State Paid COVID-19 vaccination and family leave guidelines state that employees cannot be docked time for leaving the office to get a COVID vaccine for up to eight hours. Note: If an employee receives the Johnson & Johnson vaccine, which only requires one shot, obviously that employee is only entitled to …
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If I Were Conducting the Trump Impeachment Trial Here’s What I’d Do
Democrats, bless their naïve little hearts, are trying to impeach Donald Trump using only the law while staying within the bounds of fairness and what’s relevant. That is very democratic of them; that being said, if they proceed this way, my prediction is they are bound to lose and no one is going to remember the trial. I’ve been a successful trial lawyer for 33 years. If I were conducting the Trump impeachment trial here's what I'd do : Step 1: Call Up the Sicknick Family to Testify My first …
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New York Coronavirus (COVID-19) Workplace Rights
The New York State legislature is considering whether to enact a new law that would nullify any employment agreement in which the employee waives his or her right to sue the employer due to negligent management of the Covid-19 pandemic. What are your New York Coronavirus (COVID-19) Workplace Rights? Enacting this law would mean that employers would not be shielded from liability by having employees sign waiver forms before they can return to work during the coronavirus. If you as an employee, …
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How the Fair Labor Standards Act Affects Small Businesses
If you are a small business owner, there are some potential traps laid by New York's Labor Law (NYLL) and the federal Fair Labor Standards Act (FLSA) that even the most well-intentioned amongst you could fall prey to. The New York State Labor Law and the Federal Fair Labor Standards Act are powerful tools for employees' and their lawyers to seek damages for wages that might be due. Small businesses like restaurants, dry cleaners, grocery stores, construction contractors in specific trades, …
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Statute of Limitations Extension Opens the Door for Adult Victims of Childhood Abuse
It’s been said all good things come to those who wait. For adult victims of childhood sexual abuse, their “good thing” may finally be here. New York recently joined the growing number of states extending the statute of limitations for filing lawsuits for sexual abuse. The statute of limitations extension opens the door for adult victims of sexual abuse to finally seek justice against attackers and peace of mind, after suffering years of silence. The Child Victims Act (or CVA), signed by Gov. …
Sweeping Changes to NY State Sexual Harassment Laws Will Help Victims
Earlier this week, New York's law on sexual harassment was changed significantly. Governor Cuomo signed a bill extending the statute of limitations in which sexual harassment claims can be filed under New York State law to three years. This should not be confused with the other important New York law change pertaining to victims of child sexual abuse claims that was put into effect this week. A big week of victories for victims of sexual abuse. The statute of limitations change pertains to …
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Blind Teacher Sues For Wrongful Termination
A not-for-profit social service agency that provides services to foster care children and preschool education to three and four-year-olds is being sued by a blind special education teacher for wrongful termination against her employer and not providing her with a reasonable accommodation in order to keep her job. Mr. Carbonaro is representing the plaintiff for wrongful termination and discrimination. …
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When is Being Fired Illegal? NY Labor Laws
One of the most frequent Labor Law questions that we get is usually phrased like this; 'Have I been wrongfully fired?', or 'If xyz happened, can my employer legally fire me?' Because of this, we are taking the time to lay out a comprehensive guide to NY Labor Laws definitions of when being fired is legal, and when it is illegal in the state of NY. All of the situations that we will reference in this blog will be in the realm of 'Private Sector', or non-government employment. So let's begin with …
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New NY Law on Criminal Records
New NY State Law Now Allows Criminal Records to Be Sealed What does this mean for a person with a Criminal Record? Well, this means that people who have possibly made a mistake in the past, will still have a possibility of a bright future. As of October 2017, people with old criminal records who can prove themselves reformed, now have a chance at having their cases sealed, under a new New York state law. The statute gives candidates with eligible convictions up to one felony and no more than two …
Workplace Gender Equality and the Fair Pay Act
Workplace gender equality laws protecting women in gender discrimination cases have changed, making it easier for women who are victims of workplace gender discrimination to sue and have a chance of winning their case. Joe talks about it here: Known as the Lilly Ledbetter Fair Pay Act, this law was enacted by President Obama in January of 2009 , and essentially changes the statute of limitations to close an unfair wage gap . Now, the statute of limitations clock runs from the moment a woman …
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Can I Sue for Gender Pay Discrimination?
We've been hearing a lot of talk about Gender Pay Discrimination in the media lately, and the reality of the situation is becoming front page news. You may now be wondering; "can I sue my employer for gender pay discrimination?" The fact of the matter is that in 1963, the Equal Pay Act was instated, and since that point in time it has been illegal to pay someone with the same job title and responsibilities a different wage on the sole basis of their gender. Unfortunately, arriving at the place …
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New York Paid Family Leave: What you need to know
Enacted in January of 2018, the underlying objective of the New York paid family leave program is simple: If you, as an employee, need to take time off, be it for medical illness, pregnancy, new parenthood, active duty deployment, or a distressing personal event, New York State will now pay you a ration of your salary in weekly installments for up to 12 weeks. This money stems from the portion of your salary that you would have been earning. What are the details of the NYPFL? Here's a summary of …
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The # MeToo Movement: Workplace Sexual Assault
On October 5, 2017, The New York Times published an investigative report discussing years of sexual assault allegations against Hollywood producer Harvey Weinstein. In the past few weeks, social media has provided a thought provoking platform for women to discuss their experiences. Thus, launching the # MeToo Movement. What is the # MeToo Movement? Sexual assault takes place far more often than we would like to think. Through this movement we are starting to see just how many people have been …
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Hiring an Experienced NYC Criminal Defense Attorney: 8 Questions to Ask
Often the hardest part of having a run-in with the law is finding an experienced criminal defense attorney who you can trust, who will do right by you, and who will be an advocate for your needs. When being charged with a criminal offense, this is also one of the most important parts of resolving your situation. Even though time is of the essence, when you are facing criminal charges it is imperative that you find a reputable attorney whom you can trust. Below are the 8 top questions to ask when …
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Sexual Assault on Campus; The Realities of the Accused
Sexual Assault on Campus I recently represented a college student accused of sexual assault on campus. While no one would claim sexual invasion, aggression, violation, or assault is not a serious problem, I believe the procedures used in these proceedings are flawed and lack proper due process protections. Whatever you may think of Education Secretary Betsy DeVos, I believe that in this case, the realities of a student accused of sexual assault are not what you would expect, and not the same …
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Arbitration Vs. Litigation in the Workplace
Shortly, the U.S. Supreme Court will entertain arguments in three important labor relations cases: National Labor Relations Board (NLRB) v. Murphy Oil, Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris. The cases will be argued and considered together because they share common legal and factual issues. In particular, the court will consider whether private sector employers can ban workers from bringing class action labor-related lawsuits against their employers, and force those …
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Am I Being Sexually Harassed At Work? Here Are The Signs
Sometimes, being sexually harassed at work is not the blatant affair that we see on TV or in the movies. Unfortunately, this may mean that even after seeing it dramatized time and time again, we may be ill-equipped to deal with it effectively in real life. More often than not, sexual harassment comes in more subtle forms which, none- the- less will leave you feeling uncomfortable and vulnerable. It is important to remember that even though we so often see women as the victims of sexual …
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Welcome to the New Carbonaro Law Website
We are proud to announce that after many months of hard work, Joe Carbonaro is launching a brand new website for Carbonaro Law! The new Carbonaro law website has been designed to reflect the needs of our visitors and to reflect Joe's mission of Smart Lawyering. Joe is a lawyer with more than 30-years of experience in both Criminal, and Civil Law. He specializes in Education Law, as well as Employment Related Matters, and we've incorporated separate pages of the website to each issue. Any visitor …
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Can My Employer Fire Me Without Paying Severance Pay?
If you've ever wondered" can my employer fire me without paying severance pay", the short answer is yes, without a doubt, unless you have an employment agreement that requires severance pay or are in a labor union which requires it or the equivalent (such as pay for unused sick or vacation time). That being said, don't panic. There are good reasons why employers prefer to pay severance. So...CAN my employer fire me without paying severance pay? Here's the nitty gritty: First, in exchange for …
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How Parents Can Fight Bullying
Many parents do not know that most states are now adopting no-bullying statutes to help keep children safe in schools. The statistics of both in person and cyber- bullying are overwhelming, and as we see in the news, increasing. Recently a local news station profiled this important topic and gave NYC residents tips for how to handle a bullying issue with your child. How parents can fight bullying View the video about bullying in NYC. You can also learn more about bullying and see how Carbonaro …
How to Secure Your Child’s Education Rights Under IDEA
Your special needs child is doing poorly or worse, failing in school. You've spent countless painstaking hours talking to teachers and administrators about the goals and objectives set up in his/her IEP (Individualized Education Plan) in the hopes of seeing progress. Despite multiple calls and meetings with teachers and administrators, you're getting nowhere in your quest to get your child the help he/she deserves and is entitled to under the Free and Appropriate Education Law. It's imperative …
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What To Do If You’re Stopped By the Police or Arrested
It's an unfortunate state of affairs, but with so many horrible police shootings of late, people should think about how best to respond if they are stopped by the police. Having a strategy thought through could be the difference between life and death, literally. Both you and your teenagers should be aware as well, and know what to do if you're stopped by the police or arrested. Know this: You will need a criminal defense lawyer. But when in the moment, these are the steps you should …
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