I. Introduction
Jurisdiction | New York |
I. Introduction
Part One is designed to provide the general practitioner with an overview of the complex and interrelated issues in labor and employment law. It is not intended as a comprehensive treatise concerning this area of law. Instead, it is a guide for the general practitioner who encounters occasional workplace issues. As a result, the selection of subjects for presentation and the scope of the discussion are informed by a judgment as to what matters a general practitioner might be called upon to handle.
Almost all the substance of labor and employment law in New York involves modifications of the common law at-will doctrine. The common law doctrine has been substantially amended by five categories of workplace-related legislation and regulation: (a) laws prohibiting discrimination and retaliation in employment; (b) protective legislation including laws regulating wages and hours of work, family and medical leave...
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- I. Introduction
- II. Employment At Will
- III. Employment Discrimination
- A. Overview of Applicable Statutes
- B. Issues Relating To Scope of Statutes
- C. Analyzing Individual Discrimination Claims Lacking Direct Evidence
- D. The Internet, Social Media, and Employment Discrimination
- E. Sex Discrimination and Sexual Harassment
- F. Age Discrimination
- G. Discrimination on the Basis of Disability
- H. Race and Religious Discrimination Based on Hair Restrictions
- I. Retaliation
- J. The Application of Title Vii To Criminal Record Exclusions
- K. Inquiries and Discrimination Based on An Arrest Record Under New York Law
- L. Discrimination Based on Conviction Records Under New York Law
- M. Inquiries Concerning A Prospective Employee'sSalary History
- lV. Enforcement of Anti-Discrimination Laws
- A. Procedures, Administration and Judicial Forums
- B. Arbitration As A Forum For Discrimination Claims
- V. Collective Bargaining Laws
- A. Representation
- B. Collective Bargaining
- C. Enforcement of Contracts
- VI. Union Obligations To Employees
- A. Landrum-Griffin Act
- B. Duty of Fair Representation
- C. Unlawful Discrimination By Union
- D. Agency Fees
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