HIPAA protects patient identifying information and medical information associated with patients from being shared with others who are not authorized to view or listen to that information.

New York State is a one party consent state when it comes to recording anyone. You may recall a now... View More

It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.

First of all, I would like to tell you that I'm sorry that you are having to go through these things at your workplace.

As for the harassment and the discriminatory comments, largely, these will be lumped together as to how they are treated in the legal context. To constitute either,... View More

You should qualify if you earned the minimum required gross income in two full quarters. They go back either 4 or 5 quarters for calculating earnings which applies for anyone performing services in New York. It's state law overseen by the NYS DOL.

Remember that all employers must... View More

If the note wasn't signed, that could be why the employer is questioning it. If that is not the case or your employer takes some adverse action due to you being out sick with Covid, you should talk with an employment lawyer.

They will be your part-time or as needed employees. You will need to insure them as such and withhold taxes for them and comply with all DOL laws.

If they were independent they would have their own cleaning businesses, would advertise, would have their own business websites or bank accounts... View More

I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... View More

I believe New York State's Department of Education licenses nurses. Check your licensure status, make sure you have complied with all continuing education requirements and reporting if there are any incidents which require your disclosure or reporting to the licensure Board.

Review any... View More

An employment attorney could advise most meaningfully on the element of your wages; as to the Personal Injury category you posted under, this may be something closer to workers' comp than personal injury. If your injury took place within the course of your employment, you may want to consider... View More

About 5 years ago I conferenced with a physician who had worked for an organization for approximately 25 years. The physician was very highly compensated. This physician appeared "burned-out" and simply wanted a change of pace. The unfortunate part was that the employer had invested... View More

Are you referring to a collective bargaining agreement? Such agreements should protect all covered employees. And those agreements must be followed as drafted, reasonably interpreted and fairly applied to all covered employees. A breach of a duty of fair representation aka a DFR claim might be... View More

A suggestion might be to launch the interactive process.

What's that? You request a reasonable accommodation based on your "disability" which does not cause your employer an undue hardship. Remember that you must be able to perform the essential functions of your job with or... View More

No more Cannabis testing in New York except in special circumstances. See this link:

https://www.ny1.com/nyc/all-boroughs/politics/2021/10/22/new-york-employers-are-banned-from-testing-most-workers-for-weed

Apply for the job honestly. Complete all questionnaires, etc... honestly.... View More

Maybe. Depends on your employer. See this link:

https://www.ny.gov/programs/new-york-paid-sick-leave

If you work in any of New York City's Boroughs see this link:

https://www1.nyc.gov/site/dca/about/paid-sick-leave-law.page

Generally, smaller employers (fewer... View More

A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... View More

It's a public safety issue like wearing seat belts although you can't see the potentially deadly nature of the virus.

If you have a strongly held religious belief from a recognized religious group or organization speak with those authorities about an exemption. If your physician... View More

You must be able to perform your job duties with or without a reasonable accommodation.

Extending your FMLA leave might be a reasonable accommodation depending on the circumstances. Have you kept your employer informed of a date certain for when you will return? An open-ended date rarely... View More

While this situation sounds very unfair, it is not unlawful for your employer to change your schedule at any time for any reason, even if this results in your termination. However, I imagine you would have been entitled to unemployment benefits if you could demonstrate that you had already been... View More

You should talk with an employment lawyer. It sounds like discrimination to me. If the only people it has been enforced on are two black woman that is insane.

Have you requested the employee to sign a general release and waiver of their right to sue you? Of course you would offer them some adequate consideration in return, which may be almost anything of value. And remember, every employee now has at least 21 days by law to sleep on, consider your offer.... View More