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Third Circuit Reverses Lower Court’s Dismissal of Client’s Sexual Harassment Claim

Marissa Estabrook is one step closer to having vindicated her right to a workplace free of sexual and retaliation. The United States Court of Appeals for the Third Circuit last month reversed a decision by the U.S. District Court for New Jersey dismissing Ms. Estabrook’s sexual harassment and retaliation Complaint against her former employer, Safety [...]

There Are No “Volunteers” for the NFL, Just Unpaid Employees

Federal and New York State labor laws make one thing very clear – if you work, you have to get paid the minimum wage.  This is so basic that it’s easy to lose sight of.  Of course, people may still do charitable volunteer work.  But that work has to be for public service, religious, or [...]

Filing an EEOC Charge – The Basics

When the U.S. government passed the Civil Rights Act of 1964, it created an agency to investigate complaints of discrimination – the Equal Employment Opportunity Commission (“EEOC”). Before anyone can file a discrimination lawsuit in federal court based on any of these categories, they first must file a “Charge of Discrimination” with the EEOC. Filing [...]

Big Changes Coming to NY Unemployment Insurance Law

New York Unemployment Insurance (UI) law is undergoing some significant changes which will take effect on January 1, 2014. These affect, among other things, whether an employee can receive UI if they’ve received a severance or a certain kind of pension, and whether an employee can requalify for unemployment insurance if they’ve been denied in [...]

NYC Passes Law Protecting Pregnant Employees From Discrimination

New York City has recently enacted an anti-discrimination law that will go a long way in prohibiting discrimination against pregnant workers. The Pregnant Workers Fairness Act amends the NYC Human Rights Law to require NYC employers with four or more employees to provide reasonable accommodations necessary because of pregnancy, childbirth or a related medical condition. [...]

Beranbaum Menken Supports the Employment Nondiscrimination Act

The United States Senate will consider a measure to extend federal nondiscrimination laws to cover gay, lesbian and bisexual people. Although a minority of states (including New York) have state and city laws preventing discrimination based on sexual orientation or gender identity, no comparable federal protections currently exist. While the measure is a step in [...]

Unpaid intern not protected from sexual harassment – but was she really an employee?

In Wang v. Phoenix Satellite Television US, Judge Castel in the Southern District of New York held that an unpaid intern has no protection from sexual harassment under the New York City Human Rights Law (NYCHRL). The plaintiff in that case was a masters’ degree student at Syracuse University who was hired as an intern [...]

New York City Council Increases Job Protections for Pregnant Workers

Under Federal and New York City law, it is already illegal to discriminate against an employee because she is pregnant; since only women get pregnant, pregnancy discrimination is just a variety of sex discrimination. But pregnant women face challenges beyond overt discrimination – the physical challenges of pregnancy can make it harder to work, and [...]

U.S. Department of Labor should enact new domestic worker regulations, already.

Berenbaum Menken is leading the fight to get home health aides, who have a tough and often thankless job, the wages they are entitled to by law. We have brought several lawsuits on behalf of home health aides who were not paid the minimum wage for working 24 hour shifts, with two of them filed [...]

Home Health Aides win decision on unpaid overnight work

Many home health agencies do not pay their home health aides for the overnight hours of their 24 hour shifts. This is a true hardship for those aides, since the patients they care for, many of whom suffer from dementia, require care throughout the night. Beranbaum Menken has brought several lawsuits challenging this practice, since [...]