|April 03, 2019||Facebook Advertising Algorithms Allowed Advertisers to Discriminate||no comments|
|March 11, 2019||Will NYC Pass a Paid Vacation Bill?||no comments|
|March 06, 2019||Marijuana Legalization in New York||no comments|
|February 19, 2019||NYC Bans Polystyrene Takeout Containers and Coffee Cups||no comments|
|February 14, 2019||Legal Concerns for New York Restaurant Owners||no comments|
|February 14, 2019||Certain questions are taboo for employers to ask in a job interview. The most obvious ones are qu...||no comments|
|January 11, 2019||Age Discrimination: ADEA Becomes More Far Reaching||no comments|
|January 11, 2019||A Look Back on Sexual Harassment Charges in 2018||no comments|
|December 11, 2018||Have You Been Accused of Sexual Harassment in the Workplace?||no comments|
|November 16, 2018||Employment Ad Discrimination: Where to Draw the Lines||no comments|
In November of 2018, we wrote a blog about allegations that Facebook faced in ad discrimination lawsuits against women.
After 18 months of negotiations, Facebook recently reached a settlement that included paying $5 million. According to USA Today, Facebook primarily derives its income from advertising, which comprises most of the $56 billion in revenue earned last year. Their settlement incorporated provisions for aggressive oversight and their commitment to removing categories from the Facebook platform that enabled advertisers to discriminate based on protected classes.
Not only must Facebook deal with lawsuits, it also must deal with investigations by government entities. The State of Washington conducted an investigation of its ad platform that lasted 20 months, and the company settled this issue in July. The Department of Housing and Urban Development (HUD) is also conducting an investigation.
Ad Platform Allegations
The company’s ad platform contained targeting tools that advertisers could use to focus advertising on specific demographics. However, in areas such as jobs or housing and development, ad targeting enabled Facebook clients to discriminate and not send ads to certain groups of individuals. They could exclude individuals over the age of 40 (age discrimination) or those in particular ethnic or racial groups, such as African Americans, Hispanics and Jews and individuals of a particular sexual orientation.
Advertising that promoted credit cards, renting, housing or job interviews could exclude protected classes and deny them the same opportunities as other demographics.
Although plaintiffs reached a settlement with Facebook in various lawsuits, they have continued to pursue legal action against the companies that initiated the discriminatory advertising.
Facebook’s settlement terms include having the National Fair Housing Alliance, the ACLU and the Communication Workers of America meet with the company twice yearly for three years to monitor progress. They will be able to identify issues by testing the ad platform. In addition, Facebook has agreed to study and evaluate potential prejudice that its algorithms have incorporated into targeting for ads.
Facebook has already eliminated targeting options for certain types of ads, which will no longer incorporate the option of targeting audiences based on age, genre or zip codes.
Two Weeks of Employee Paid Vacation
A paid vacation bill is under consideration and Mayor De Blasio has made a pledge to support the bill. It appears the NYC Earned Safe and Sick Time Act will serve as a model for the new paid vacation bill.
The National Law Review stated that no other city or state in the nation has a law like this. New York City would be the first if the law passes.
The paid vacation bill would apply to private sector employers, who have at least five employees, and the requirement to receive the benefit is that the employees must work at least 80 hours a year.
What Are the Requirements of the Earned Safe and Sick Leave Law?
New York City's Paid Safe and Sick Leave Law has the following provisions:
§ Employers with five or more employees, who work more than 80 hours per calendar year in NYC, must provide paid safe and sick leave to employees.
§ Safe and sick leave accrues at a rate of one hour of leave for every 30 hours worked, up to 40 hours per calendar year.
§ Accrual begins on the employee's first day of employment
§ Employees can begin using accrued leave 120 days after their first day of work
§ Employers with fewer than five employees must provide unpaid safe and sick leave.
Paid Family Leave, Another Paid Time-Off Benefit in NY
In addition to the above law, New York also has the new Paid Family Leave benefit, which was passed into law. This paid time off enables employees who are sick, have a sick family member or who have a newborn baby to take paid time off from work. As of 2019, paid family leave is now 10 weeks (previously it was eight weeks) and the average weekly wage for the leave has increased from 50 to 55 percent.
At Stephen Hans & Associates, we work with employers to help them understand and comply with employment laws and deal with employment issues.
Governor Cuomo Is Supporting the Legalization of Marijuana
If the legislature passes the Cannabis Regulation and Taxation Act, Governor Cuomo believes it could generate $300 million in revenue a year for New York.
The legislature is expected to vote on legalizing marijuana on April 1, 2019, and if passed, marijuana could go on sale in April 2020.
Taxes that the law would generate include a 20 percent state tax and two percent local tax on sales from wholesalers to resellers. Taxation for growers would be by the gram.
How Would the Legalization Potentially Affect Business Employers?
While drug testing is more prevalent in the workplace today, testing for marijuana is more complex than testing for alcohol. Also, there are no uniformly established THC levels to determine what would constitute drug impairment under the influence of marijuana. As it stands, observation is the best form of detection and that would include slurred speech, slow reactions, dilated pupils, impaired body movements, poor short-term memory and other physical signs. (Reference: Buffalo Business First)
If you have concerns about employment issues, our attorneys at Stephen Hans & Associates are glad to advise you. We represent employers in employment related disputes and issues.
Judge Upholds the 2013 Law Banning Polystyrene for Takeout Containers and Coffee Cups
In 2019 restaurants must begin phasing polystyrene cups and containers out of use. This change is a result of a ruling that came down from an appeal that had challenged the new law in 2013. The appeal had suspended implementation of the law until the court rendered its decision. One of the main arguments alleged by parties challenging the law was that it was not difficult to dispose of Styrofoam products. Research that parties had presented and included in the appeal supported this argument.
Facts of the Case
In 2013, the Restaurant Action Alliance (RAA) argued that 40 to 60 percent of sales involved food or beverages served in polystyrene containers and that adopting other alternatives would raise costs by $11.2 million a year.
A pilot program run in Manhattan by restaurants, retailers and plastics manufacturers provided evidence to the Supreme Court in Manhattan that had resulted in halting the enactment of the law in 2015. However, the New York City government conducted its own research and released a report in 2017 that resulted in convincing Supreme Court Judge Margaret Chan to put the law into effect.
According to information published in a Restaurant Business article, restaurants will face a fine in July 2019 if they have not worked out an alternative to the polystyrene cups and containers.
Will Plastic Straws Be Next?
In May of 2018, a NYC council member proposed the idea of banning plastic straws to cut down on plastic pollution. A number of cities in various states such as Malibu, California and Miami, Florida have already banned plastic straws. Davis and San Luis Obispo in California require that restaurants do not provide customers with straws unless requested. Customers requesting straws must receive paper straws. At this time, the elimination of straw use in Europe is more widespread than in North America.
McDonald’s has pledged to continue its research for alternatives to plastic straws.
While it has yet to happen, New York City restaurant owners may have to contend with this change as well.
Our attorneys at Stephen Hans & Associates work with restaurant owners to help them comply with labor laws affecting their industry and to deal with employment issues.
If you’re opening a new restaurant in New York City or the surrounding area, there are certain legal requirements you must put in place. You will need to choose a business entity and get your licenses and permits. You must address health and safety issues (ventilation, garbage removal, sanitation, etc.) before opening your restaurant. You will also need to purchase insurance.
When all the above is said and done, you still have the matter of employees. An employment attorney is a vital resource who can help ensure you are up to speed with New York employment laws.
New York Employment Laws
You will have to know which employees must be paid for overtime, the rules about paying tipped employees and the laws for employing minors. You will have to verify the legal work status of every employee at your restaurant and fill out an I-9 form for each employee.
Before you begin the hiring process, it is wise to know what questions you should avoid. Our blog on job interviews will give you a basic idea but to ensure you have all the information, it is wise to consult with an attorney.
Our lawyer can assist you by reviewing your job application to ensure it does not contain illegal questions. You also need to understand how to check references without making illegal inquiries.
It is wise to devise an employee handbook and ensure it is legally sound.
You must set up sexual harassment training for all of your employees based on recent New York State law.
If you feel overwhelmed about the laws involved with opening a restaurant, you are not alone. You can avoid some employment nightmares at the outset by consulting with an experienced New York employment attorney.
At Stephen Hans & Associates, we work with restaurant owners to help them comply with labor laws and to deal with employment issues.
2019 Is Here with New Salary Thresholds
The New York State overtime salary threshold draws the line between exempt salaried workers, who must be paid for overtime, and those non-exempt workers, who do not have to be paid for overtime.
For an employee to qualify for the Administrative employee exemption, the following tests must be met, according to NY State Labor Laws:
Any exempt employee working over 40 hours a week and receiving less than a certain monetary number in salary must be paid for overtime work. However, based on location and year, the salary threshold number varies. Employees receiving the salary threshold amount or a lower salary must be paid for overtime work.
The following are the salary thresholds for NYC, other areas and remaining areas statewide:
New York City Salaries
Nassau, Suffolk and Westchester Counties Salaries
The Remainder of New York State
Do You Have Wage and Hour Concerns?
At Stephen Hans & Associates, we can address your concerns and provide seasoned legal guidance. Our clients benefit from our decades of employment law defense experience.
The Supreme Court Rules that ADEA Applies to All Government Levels
In October 2018, the Supreme Court reached a decision that made the Age Discrimination in Employment Act (ADEA) cover a broad scope of state and local employment. The ADEA prohibits age discrimination against employees who are 40 or older, making it illegal for certain size businesses.
Prior to the ruling, state and local governments that employed 20 or less employees could lay-off or terminate employees based on age without facing any repercussions.
The Case that Changed the Application of the ADEA
In the case Mount Lemmon Fire District v. Guido, U.S., No. 17-587 two firefighters brought a case against the Mount Lemmon, Arizona, Fire District based on age discrimination. Their ages were 46 and 54 and they alleged that the fire department laid them off based on age. The defense did not deny that age was the reason but instead argued that the anti-age discrimination law didn’t apply to them because they had too few employees.
The court decided that the intent of the law was not to clarify but to add the category of “a state or political subdivision of a state” as being subject to the ADEA. As a result, state and local governments irrespective of their size must follow the Age Discrimination in Employment Act.
ADEA Claims and Predictions
Currently, approximately 22 percent of claims filed with the Equal Employment Opportunity Commission (EEOC) are age discrimination claims. In addition, an increasing number of employees, who are older than 67 are continuing to work. This fact indicates that age discrimination claims are likely to remain a major focus for the EEOC.
Do You Have Questions about Employment Law?
Keeping up with changing laws is vitally important for operating a business in today’s world.
If you have questions, our attorneys at Stephen Hans & Associates are glad to advise regarding your concerns or represent you in employment related disputes.
EEOC Sexual Harassment Charges Statistics Surged
The increase in sexual harassment lawsuits brought by the EEOC was 50 percent higher in 2018 than they were in 2017. The EEOC filed 66 harassment lawsuits, and of those, 41 involved allegations of sexual harassment.
New charges filed with the EEOC that alleged sexual harassment were more than 7,500, which was 12 percent higher than in 2017.
The EEOC recovered close to $70 million in settlements of cases that involved sexual harassment issues, which compared with the $47.5 million in settlements recovered for 2017.
As the new year begins, we often look back to the previous year, reflect on the changes and hone our perspectives toward progress for the coming year.
Facts about the #MeToo Movement and Its Effect on Sexual Harassment
In October of 2017, rape and sexual misconduct allegations against Harvey Weinstein were the springboard that propelled the #MeToo movement. Sexual harassment took center stage in the American media’s spotlight.
The #MeToo Movement is a movement against sexual harassment and assault. Tarana Burke was the social activist who coined the “Me Too” expression in 2006, and the phrase reappeared in 2017 when actress Alyssa Milano used it on Twitter.
The #MeToo movement has been a driving factor in the heightened focus on sexual harassment cases. According to the Washington Post, similar to the celebrity driven #MeToo movement, cases filed with the EEOC saw an increase in sexual harassment cases filed by employees from small businesses — mom-and-pop and everyday companies.
The #MeToo movement has increased society’s awareness of the problem and also made it more acceptable for victimized employees to speak out and report abuse. It has made filing claims with the EEOC or a state agency more socially acceptable.
While charges for other types of discrimination dropped in 2018, charges for sexual harassment rose significantly. This focus does not appear to be losing momentum any time soon.
Incorporate Anti-Sexual Harassment Policies and Actions into Your Business in 2019
If you have questions, our attorneys at Stephen Hans & Associates are glad to advise regarding your concerns or represent you in employment related disputes.
Growing Concerns About Sexual Harassment in Employment Environments
New York NBC News recently reported that more than $5 million has gone into settling lawsuits brought against 70 New York employees accused of sexual harassment or gender discrimination.
In addition, half of the accused employees have been allowed to keep their jobs.
A Sexual Harassment Case Where Stephen Hans Represented the Defendant
Attorney Stephen Hans appeared in an NY NBC video to give a statement regarding the case brought against his client by rehab counselor Jennifer Lastra. Both were counselors at the Manhattan Psychiatric Center. While she had various accusations of sexual harassment (she filed complaints with managers and the NYPD), there was no proof to substantiate her claim. Stephen Hans' client, Paul Burke completely denied the charges and was willing to go to court to defend his side of the case. However, the case settled out of court, and the claimant received $25,000.
In many government cases involving accusations of sexual harassment, internal investigations have found the accusations were without merit. To avoid expensive, protracted litigation where taxpayers would foot the bill, parties reached settlements instead of going to court. As Stephen pointed out, a settlement does not mean that the accused individual was guilty of wrongdoing. In many instances, a settlement is simply a wise decision to save court costs for both parties in a case.
Sexual Harassment — What Is the Other Side of the Coin?
Over the past year with the #metoo movement, sexual harassment has taken center stage as an employment concern for employers and employees across the nation.
While our legal system enables society to prosecute wrong doers, it is also designed to protect the innocent by requiring evidence of wrongdoing. In the United States, everyone has equal protection under the law, and you are innocent until proven guilty. At the criminal level the burden of proof is “beyond a reasonable doubt.” However, at the civil court level, the burden of proof is a “preponderance of the evidence,” which basically means proving that it is more likely than not that something occurred.
The legal system seeks justice in all cases, for both plaintiffs and defendants.
At Stephen Hans & Associates, we can answer your questions and provide seasoned legal guidance. We have decades of employment law defense experience that we bring to bear in each case we handle.
Facebook Faces Allegations of Job Ads that Discriminate Against Women
When an employer creates an ad that excludes a protected class, grounds often exist for a discrimination lawsuit. For example, when writing most employment ads, it is illegal for employers to exclude applicants based on age or race.
According to a New York Times article, the American Civil Liberties Union (ACLU) and the Communications Workers of America (CWA) filed charges with the EEOC on behalf of female workers against nine employers and Facebook.
Why Was Facebook Included in the Lawsuit?
Facebook provides targeting technology for ads. It can target particular demographics and when an employer is placing an ad, Facebook asks the employer to indicate gender — that is to say, should the ad go to males only, females only or all. Facebook uses algorithms to match an ad with a specific subgroup.
The attorneys bringing the case are arguing that having employer specify male or female is discriminatory and illegal when it applies to jobs that either sex can do. Facebook differs from newspapers with classic ad submission where the content of the ad is simply printed and goes out to anyone who purchases the newspaper.
In the past, Facebook has used the Communications Decency Act as its strongest defense against such accusations. The Communications Decency Act is a federal law that shields internet companies against liability for content generated by third parties.
The lawyers bringing the lawsuit argue that in this situation, employers are using the Facebook platform to be selective in the creation or development of the unlawful content. The interface enables employers to selectively exclude women from jobs that they could potentially also do.
Federal law also prohibits recruiting agencies from discriminating through advertising campaigns that exclude job candidates based on gender and other protected classes (age, disability, race, ethnicity, military status, etc.) State laws also forbid such agencies from aiding in discrimination.
While Facebook does not promote itself as a recruiting agency, many employers use it for recruitment and as a means to reach potential job candidates through ads. Facebook finds itself in a unique position when a group of men receive ads simply because they are men and often because they are men of a certain again and geographical area.
From a legal standpoint, internet technology like Facebook uses is still subject to case precedents, which will decide whether selecting “male only” is legal or not for recruitment ads and which parties are liable.
Our attorneys at Stephen Hans & Associates are glad to discuss employment issues and help business owners create discrimination-free work environments.