Employment Law News And Analysis

It has been several years now since the Americans with Disabilities Act went into effect. Since then, numerous workers with disabilities in New York and across the United States have expected that they should be treated with respect and of equal worth to their non-disabled counterparts. More and more companies are finding new ways to offer accommodations to people so that they can adequately perform their job duties even with the presence of a disability.

Unfortunately, some companies seem to act as though the need to make adjustments for different workers is not real or that disabled workers do not deserve equal treatment. That attitude leaves too many people unemployed and wondering how they can take care of their families.

Employees in New York and elsewhere are federally protected against labor practices that can harm and exploit them. You may have heard about the problem of sex trafficking, but labor trafficking may be a new term to you. Unfortunately, this form of modern-day slavery is prevalent throughout the U.S., especially among undocumented immigrants.

What exactly is labor trafficking, you may wonder? According to PBS FRONTLINE, employers using this illegal form of involuntary labor utilize coercion, force or fraud to keep workers under their control. Often, they force them into debt and withdraw large portions of their paychecks to “repay” this debt, threaten to report them to immigration authorities or threaten them or their family members with physical harm or death if they refuse to do as they are told. In some cases, trafficked laborers are prevented from leaving the property, even after their shifts. The majority of trafficked workers are immigrants, many of whom are minors. Construction, landscaping, agriculture, janitorial and even nail salons are industries in which many trafficked laborers are found.

Many small companies might not think that they need an employee handbook. With only a few employees, they can discuss policies in person easily enough and be flexible about some things like working from home or taking time off. However, that is not sustainable as a company grows and, even at a small size, a handbook with well-documented policies and procedures can protect businesses in the event that a problem occurs with even one employee down the road.

As explained by Paycor, a provider of human resources software, a good employee handbook protects employers and clarifies expectations for both employers and employees, ideally preventing potential problems caused by interpretation or misunderstandings. It can also help create and communicate the culture that a company has or wants to build and strengthen. A business' employees can be their biggest brand ambassadors so this can be very useful.

Like most working professionals in New York, you likely take your attendance in the workplace very seriously, and avoid missing work as much as you are able. Yet life often presents situations where having to take time away from work is unavoidable. Typically, such situations are due to family or medical issues involving you or members of your immediate. Your fears about having to miss work for an extended period of time are not unwarranted; many of those that come to us here at Raff & Becker, LLP share the same concerns. You will be happy to learn, however, that your employment status may be protected under the Family and Medical Leave Act. 

This particular piece of federal legislation prevents your employer from firing you if you need to take time away from work to deal with a family or medical issues. FMLA allows you to take up to 12 weeks of unpaid leave (every calendar year) in order to accommodate a pregnancy, adopt a child, deal with a serious medical condition or provide care to family member that is dealing with their own medical problem. These weeks of leave can be taken consecutively or broken up throughout the year. Upon returning to work, your employer must allow you to either resume the same position or provide you with a job that is similar to your pervious one in terms of pay, conditions and responsibilities.