employment law

Finally! The Pregnant Workers Fairness Act (PWFA) is Here to Help Employees

suzen Pettit | July 7, 2024 | Employment Law, PWFA | employment law, Pregnant Workers Fairness Act, PWFA

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 …

Employers: Know the Differences Between the New York and Federal FMLA Guidelines

suzen Pettit | January 17, 2024 | Employment Law, FMLA | employment law, fmla, ny state family and medical leave act

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 …

THE FAIR CHANCE ACT; New York City’s Attempt to give those convicted of crimes a chance to get back to work

Joe Carbonaro | August 16, 2023 | Employment Law, From the desk of Joe Carbonaro, Uncategorized | employee rights, employment law, fair chance act

By: Joseph W. Carbonaro, Esq. & H. Geoffrey Langner -1 On July 29, 2015, New York City enacted a law that prevents employers from asking job applicants in the initial hiring stage if they have a criminal record. The law is commonly and accurately called the “Fair Chance Act.” Before its passage, many employers refused to hire applicants (or fired current employees) because of a criminal record despite their qualifications for the job. Now, applicants and current employees with a criminal …

Employment at Will: When Is It Legal To Be Fired In NY?

Katherine Pilgrim | March 9, 2023 | Blog, Employment Law, Wrongful Termination | employment law, legal firing, wrongful termination

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 …

NY State Employment Discrimination: It’s Not That Simple

suzen Pettit | June 4, 2021 | Employment Law | employment discrimination, employment law, job discrimination, ny state job discrimination, workplace discrimination

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 …

Can I Sue for Gender Pay Discrimination?

Katherine Pilgrim | January 10, 2018 | Blog, Employment Law, Labor Law | discrimination, employment law, gender pay gap

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 …

New York Paid Family Leave: What you need to know

suzen Pettit | November 13, 2017 | Blog, Employment Law | employment law, family law, new laws, new york, nyc, paid family leave

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 …

Are You A Teacher in Danger of Losing Your Job?

Joe Carbonaro | April 7, 2017 | Blog, Education Law, videos | education law, employment law

If you are a teacher in danger of losing your job, NYC Education and Employment Lawyer Joseph Carbonaro is here to help. With extensive experience in education law representing both teachers and school systems, Joe knows the ins and outs of education law from both sides. Knowing when to fight vs. when to negotiate is crucial. Know this: You do have rights as a New York teacher under Education Law Section 3020A: rights to a lawyer, rights to a hearing, rights to call on an impartial arbitrator, …

Am I Being Sexually Harassed At Work? Here Are The Signs

suzen Pettit | March 24, 2017 | Employment Law, Sexual Harassment | employment law, sexual harrasment

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 …

Welcome to the New Carbonaro Law Website

suzen Pettit | December 1, 2016 | Blog, Education Law, Employment Law | education law, employment law, smart lawyering

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 …

Can My Employer Fire Me Without Paying Severance Pay?

suzen Pettit | October 8, 2016 | Blog, Employment Law, Wrongful Termination | employment law, 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 …

Did I Lose My Job Because Of My Age?

Joe Carbonaro | October 8, 2016 | Age Discrimination, Blog, Employment Law | Age discrimination, EEOC, employment law, fired at 40, layoffs after 50, what is ageism

"Respect your elders". This is a common phrase many of us heard from our parents or grandparents. In today's culture, we do anything but. This is evident in how the elderly are treated- or should I say mistreated- in nursing homes, in our medical system, on the phone with customer service agents, and in the grocery store. We live in an ageism culture where stereotyping and discriminating against individuals or groups on the basis of their age runs rampant. The workplace is now another channel …