Cary Kane’s attorneys are here to help you with a retirement claim or insurance claim that you believe has been improperly denied. You have rights under the law and under the plan of benefits to contest a denial. Under the Employee Retirement Income and Security Act (“ERISA”) a pension plan must pay you the benefits it has promised. By law, …
New York City and New York State have led the country in adopting strong anti-discrimination laws to protect LGBTQ employees. Increasingly, LGBTQ employees have been invoking the protections of these laws against employers who don’t want to hire gay and transgender people, make it uncomfortable for them to come out or express themselves at work, or fail to promote them …
If you live or work in New York City and have been denied employment or fired from a job because you have a record of beingarrested or have criminal convictions, the lawyers at Cary Kane LLP may be able to help. It is against the law in New York State under certain circumstances for an employer with 10 or more employees to discriminate against job seekers or employees because of an arrest record or criminal conviction.
The Pregnant Workers Fairness Act (the PWFA) became effective in 2014; if you work in New York City and become pregnant, employers with four or more employees are prohibited from discriminating against you. More importantly, the PWFA requires that employers reasonably accommodate an employee due to her pregnancy, child birth, or related medical condition.
Employers in New York City are now prohibited from discriminating against unemployed applicants for employment. It is illegal in New York City for an employer to advertise for only employed applicants. In an interview it may be illegal to ask an applicant how long they have been unemployed. Employers may consider the reason for an applicant having lost their previous job if it bears some relationship to performance, but employers cannot simply discriminate against an applicant who has been unemployed for a long time.
Tipping of employees is allowed in New York State and the law requires that any tip left for an employee must be paid to the employee. Certain employers are permitted to pay a sub-minimum wage because tipping the employees is customary. The rules regarding tips and the tip credit are complicated.
If you are looking for an attorney experienced with employee benefit plans the attorneys at Cary Kane LLP are available to represent the plan. Our attorneys have experience handling day-to-day fund administration matters, litigating sophisticated ERISA issues in federal court and everything in between.
Workers in New York City are protected by both federal and state laws mandating that people be fairly compensated. Under these laws, people are guaranteed at least a minimum wage for work they do and, in certain cases, for one and a half times their hourly wage for work performed in excess of 40 hours during a week. Unfortunately, wage theft – paying people less than the law requires – is rampant.
Unfortunately, discrimination in the workplace against people with disabilities is something that occurs too often. The Americans with Disabilities Act protects employees with disabilities from discrimination. The law does more than that because it also requires that an employer reasonably accommodate the employee’s disability so long as he or she can continue with the accommodation to perform the essential functions of the job.
Enacted in 1993, the Family Medical Leave Act (FMLA) is a federal law protecting an employee’s right to unpaid time off to care for themselves or a sick family member. Under this law, employees are guaranteed up to 12 work weeks of protected and unpaid leave for a period of one year when they have qualifying medical or family needs. To be covered for FMLA leave, you must have worked at least 1250 hour in the past 12 months and work for an employer with 50 or more employees.
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