Monthly Archives: January 2016

New Developments of the Minimum Wage in New York State

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Since 2009, the federal minimum wage has been at $7.25 per hour. Recently however, New York State has made significant changes regarding the minimum wage, increasing it from $8.75 to $9 per hour. Further, under the new law, the minimum wage at fast-food chains with at least 30 locations nationwide, will continue climb in incremental steps. Its initial increase occurred on December 31, 2015. It is also required that employers  post a Minimum Wage Information poster at their workplaces.

Moreover, the State has established a separate pay rate for fast-food workers in large chains. In response, restaurant owners have challenged the Department of Labor’s wage order, arguing it to be ‘arbitrary, capricious and contrary to law. At the time of this publication, the issue is pending before the court.

Bigger increases will be granted to tipped workers in New York. The hourly minimum wage will rise from $4.90, $5 or $5.65 to $7.50 an hour for tipped workers, such as waiters, depending on the type of establishment. State employees not working in New York city are seeing an increase to $9.75 while the minimum wage for workers in New York City is now $10.50. At fast-food chains with 30 or more restaurants nationally, workers’ wages will increase from $8.75 to $9.75. The chart below depicts the current minimum wage for the city, New York State as well as future scheduled increases.

DATE NEW STATE WAGE NEW YORK CITY WAGE
Today $9.75 $10.50
January 1, 2017 $10.75 $12
January 1, 2018 $11.75 $13.50
January 1, 2019 $12.75 $15
January 1, 2020 $13.75 $15
January 1, 2021 $15 $15

Employers and business owners should fully understand these new laws and regulations, particularly whether they are in compliance. Failure to do so could lead to significant liability. Should you have questions or concerns regarding these developments to the minimum wage, or related matters, please call Gilbert Law Group at 631.630.0100.

Contributed by Sakine Oezcan, Esq.

Teacher Loses Employment Discrimination Case Against School District

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What does employment discrimination mean and when is an individual entitled to bring a workplace discrimination claim? How does employment discrimination law apply to Education Law?

 Generally, under Federal and New York State Laws employment discrimination occurs when a person or a group of persons is treated unequally based on race, gender, age, disability, religion, national origin, marital status, sexual orientation, veteran status, and political affiliation or beliefs, which has a negative affect on that individual. Therefore, job discrimination is prohibited and several Federal Acts have been enacted to support this objective, such as:

  1. Title VII of the Civil Rights Act of 1964 (Title VII),
  2. Equal Pay Act of 1963 (EPA),
  3. Age Discrimination in Employment Act of 1967 (ADEA),
  4. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA),
  5. Civil Rights Act of 1991,
  6. Sections 501 and 505 of the Rehabilitation Act of 1973, and
  7. Title II of the Genetic Information Non-discrimination Act of 2008 (GINA);

 In a recently issued verdict that was tried before the U. S. Eastern District of New York Court in Central Islip, a middle school employee lost a racial discrimination case against Malverne public school officials. A middle school mathematics teacher who was denied a promotion or reassignment initiated the suit. The teacher alleged the District discriminated against him due to his race. At the conclusion of the trial, an eight-member jury examined all the evidence and determined that the teacher had failed to establish the school district and/or its administrators had violated federal laws prohibiting discrimination. In reaching this conclusion, there are several requisite factors which must be considered. In light of these requirements, the federal jury unanimously came to the conclusion that the school’s decision in refusing to promote or reassign the teacher an additional class was not racially motivated and as a result there was no basis to grant the teacher damages.

 Where, however, a court finds that a person has been unlawfully discriminated at their workplace, the substantial remedies are available including, but not limited to, hiring, promotion, backpay, reinstatement, front pay, emotional distress damages, and reasonable accommodation.

 If you have questions or concerns regarding employment discrimination, or have any questions relating to workplace law, call Gilbert Law Group at 631.630.0100.

Contributed by Sakine Oezcan, Esq.