New York Employment Attorneys Blog

The Holiday season can be one of the most stressful times of the year- preparations for Holiday plans, family matters, and not to mention the economic stresses brought on by both the Holidays as well as the recent economic downtown. Adding to this, you or your family members falling ill around this time of the year can compound the stress of the season and leaving families wondering how they will manage both taking care of themselves or their families and maintain their jobs in these uncertain times.

To the aid of working families, the Family Medical Leave Act passed in 1993 by President Bill Clinton states that employees are entitled to 12 weeks of leave time for every year worked to take care of the medical needs of themselves or their families. This act covers pregnancy and care of a newborn, caring for a sick child, spouse or parent, as well as seeking treatment for conditions that prevent you from working. This act guarantees that an employee is also entitled to the full benefits received prior to taking leave on their return to work. Furthermore, an employee must be given the same position at work. If the same position is unavailable, an employee must be given a job equal to original position in pay, responsibilities and benefits. The act also stipulates that an employer can not retaliate against an employee for exercising their right to the terms of the Family Medical Leave Act, freeing families from the worry of losing their jobs, benefits, or a demotion to take care of pressing family medical matters.

President Bush has proposed recent changes to the Family Medical Leave act that has simultaneously expanded benefits for Military and National Guard family members, while implementing stricter rules on employees in how they have to notify employers, while giving employers more access to sensitive medical records of employees. While expanding coverage to our Military service members is step forward, Bush's proposal will negatively affect employees when the provisions go into effect on January 16th, 2009. However, employees can look forward to the end of the pro-business White House of President Bush, and look forward to an emphasis on workers rights with the inauguration of Barack Obama.

If you believe you have been negatively impacted by an employer for taking care of family or personal medical needs, or if you believe your rights under the FMLA have been violated, you should contact an employment attorney. An employment attorney can help to evaluate your situation and to explore your full legal options.

Many employees feel that they have been discriminated against, but are unsure how to address these work place violations. An employee should always begin by making an internal complaint by informing a supervisor, or a human resource employee if that is possible. After a perceived discrimination has occurred, an employee should consider filing a formal charge with the Equal Employment Opportunity Commission. The EEOC will be able to advise you as to the nature and validity of the complaint, while also issuing "right to sue" letters which authorizes the employee to file a lawsuit in Federal Court.

Before filing a formal charge, an intake survey must be completed. This survey determines if the EEOC has grounds to move forward with your claim, or if it is the most appropriate agency. This form can be found here. These forms can also be submitted by phone, or by going to your local EEOC office. A listing of local offices can be found online here.

When filling out the intake survey, you may need a few documents on hand in order to complete it-

· The complaining party's name, address, and telephone number;

· The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;

· A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and

· The date(s) of the alleged violation(s).

There are also important deadlines to make to ensure that you may go forward with your claims:

· A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.

· This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.

· These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.

This process may be confusing, but should not deter you from pursuing your legal rights in the face of discrimination. It is best to file these claims, as well as contact an employment attorney as soon as an act of discrimination occurs.

One piece of legislation that is likely to be voted on by Congress next year is the Fair Pay Restoration Act. This Act will amend the 1964 Civil Rights Act to clarify that an unlawful practice occurs each time compensation is paid pursuant to a discriminatory compensation decision or other practice, and for other purposes.

The bill was introduced to address the Supreme Court's decision in Ledbetter vs. Goodyear Tire and Rubber. In this case, Lilly Ledbetter took Goodyear Tire to court over lost wages resulting from extreme salary discrimination. Ledbetter was paid substantially less over time than her male counterparts who had similar or less experience than her.

The Court ruled (5-4) that Ledbetter could not receive back pay or damages from her employer even though a jury found that she was unfairly paid less than her male colleagues for many years. The Court stated that her claims fell outside of the 180-day statute of limitations in which she had to file her complaint of discrimination, even though the disparity in pay was ongoing and continuous. This extremely narrow view has upset many involved in both the labor and feminist movements.

The Fair Pay Restoration Act aims to correct this by eliminating these unreasonable time limits, allowing victims of pay discrimination to seek back pay and damages when they become aware of the injustice. This is crucial in that wage discrimination does not generally occur as a single incident. Rather, it is the accumulation of systematic discrimination over long periods of time, highlighting the need for legal reform.

Republicans oppose this measure for fear that it would adversely impact businesses by opening businesses up to a huge number of back claims dating back decades. When the issue was up for vote, Republicans filibustered to prevent action from being taken on the bill.

With the pro-worker Obama administration coming in, we can expect a renewed effort to amend the Civil Rights Act. With the Fair Pay Restoration Act signed into law, we can come closer to taking serious action on wage discrimination.

As we face the realities of the current economic situation, many Americans are finding themselves unemployed for the first time in a long time. While this may be a startling prospect for many who have depended on their employment for their livelihood, there are options designed to aid individuals who need help getting back on their feet. In order to take advantage of unemployment, individuals must be eligible on a few counts-

Who Can Collect

-Most employees who were let go for no fault of their own are eligible to collect unemployment aid, so long as they are actively seeking work. Most states require that you had been employed for at least a year before you will be able to collect.

How to Collect

-Individuals must apply in order to collect. Many states now allow individuals to apply by phone or online, rather than having to show up in person, speeding up the process.

-In order to apply, you should have your Social Security Number, your W2 form from the past year, as well as timesheets and paystubs verifying your dates of employment

What Will You Get

-Individuals are likely to receive a percentage of their salary in benefits. In general, states offer 50% of your salary for the past half year, capped to a certain limit per week depending on which state you were working in. New York state currently limits benefits to $405 per week.

How Long Can You Collect

With the recent extension signed into law by President Bush, most individuals will be eligible to collect of for up to 26 weeks following the termination of their employment. The length one can collect depends on how long since an individual has been let go, while the extension also allows for collecting unemployment if an individual has found temporary work that has since run out.

Since the rules vary from state to state, it is best to consult your state's rules before applying to collect. Guidelines and rules to all states can be found here.