Week 1 Task 1
The task is to research a comprehensive Legal memorandum that examines all relevant laws
applicable to employers in the state of New York.This memorandum will serve as the foundation
for creating an employee manual ensuring that the employer is fully compliant with federal and
state regulations.
Federal and State Laws:
The Title Vll of Civil Rights Act(1964): This federal law as amended prohibit any kind of
discrimination that may be based on race,color,religion,sex or national origin.This law means
that the employers has to make sure there is no kind of discrimination being committed against
any of his employees in the workplace.The New York State Human Rights Law also protects
employees from any kind of discrimination at the workplace.
Americans with Disabilities Act (ADA):As evident from its name this federal law protects the
employees from discrimination or harassment for being disabled in any way at the workplace.
Age Discrimination in Employment Act(ADEA):According to this Federal law the employer
cannot discriminate between his employees if one of them is either 40 year old or older.A
employee should not be preferred simply because of the reason that he is younger.
Fair Labor Standard Act(FLSA): The Fair labor standard Act provides what the minimum wage
is,the over time pay, and child labor standards that affect both the part time and full time
employees.The national Minimum Wage is 7.25 US dollars per hour however each state has his
own minimum wage and the minimum wage in state of New york is 16 Dollars per hour
according to the New York state department of Labor(NYSDOL).Furthermore,the laws that
govern over time pay in state of New York are New york Labor law Article 6 Wages and
hours.This requires Employers to pay overtime to eligible employees who work more then 40
hours in a work week.Below is specific sections that gover specific rules l:
NY Labor law section 160- Overtime Compensation
section 161- Hours and day of Labor
Section 190-191-192 are concerned with the payment of wages.the frequency of payment and
methods of payment respectively.
Employee Retirement Income Security Act(ERISA): This Federal law regulates the employees
retirement and benifits plan.
Occupational Safety and Health Act(OSHA): This Federal law requires that the employers must
maintain and ensure a safe work environment for all of its employees.
FLSA does not require Vacation time but it does regulate over time pay of employees and
record keeping as well.It also requires employers to give 12 weeks of unpaid leave for certain
family and medical reasons.
Family and medical Leave Act (FMLA): This law states that employers have to grant eligible
employees with upto 12 weeks of unpaid leave per year for family and medical reasons.First
they have to work for twelve months and the qualitying reasons are objective.
Uniformed Service employment and reemployment Rights Act(USERRA): This Act was passed
by bill Clinton in 1994 to protect the civil employment of Active and reserve military personnel.It
makes that a person has a right to be reemployed to his or her civilian job if he left that job to
perform service in the uniformed service.
NYS Paid Family Leave Law: This state law states the employers have to provide their eligible
Employees with paid leave for certain Family reasons.First the employee will require such leave
and the employer has 30 calendar days to review and respond to the request.
NYS Paid sick Leave Law:This State law requires that the employers must provide his
employees with paid sick leave.Law requires the employer with 5-99 employess to give 40
hours of Paid sick leave per calendar year.
NYS State Vacation Law: This state law requires the employer to provide his employees with
paid vacation time but only those employees are eligible who have worked for atleast one year.
NYS State break Law and State Meal period law requires employers to rest their employees and
allow the employees a 30 minute meal period for the employees who work more then 6 hours
per shift.
NYS Public health law:This state law regulates smoking in the workplace environment.The New
York state clean indoor air act prohibits smoking and vaping in almost all public and private
indoor workplaces.
Case Law:
1: Burlington Northern and Santa Fe Railway Company V White.
Facts: In this case Sheila White a woman was working for Maintainence department of
Burlington Northern Santa fe railroad.She was the only women there.she was harassed by her
supervisor and when she complained about it she was transferred to less desirable duties.She
was also suspended for 37 days without pay without any particular reason.
Judgements:The Federal court found that she had been discriminated against due to complaints
against it and because of her retaliation.She was awarded 43000$ in damages.This case was in
violation of Title Vll of Civil Righst Act 1964.
Impact on employer and Practical recommendations:This landmard supreme court judgement
about sex discrimination and retaliation claims shows us that employers must be careful and
considerate of their complaints and they should make sure that the employees who are more
vulnerable or are in minority should not be bullied or harassed.
2: Gross V FBL Financial Services Inc 557 U.S 167(2009)
Facts: In this case the petitioner Jack Gross was demoted from Class administration Director to
Claims coordinator coordinators and his job was given to Lisa Kneeskern who was previously
working under jack Gross.This demotion was due to Jack’s ago who was 54 while Lisa was 20
years his junior.He filed suit in district Court for being in violation of ADEA.
Judgement: Jack Gross was awarded 5,000,000$ in lost compensation through Age
discrimination in Employment Act(ADEA) however Supreme court later reversed this judgement
since it could not be proved that Age was but for cause of the demotion.
Impact on Employer and Practical Recommendation: This is a very famous Supreme court
judgement in workplace matter.This judgement shows that amount as big as 5 million US
dollars could be awarded in compensation however the but for test is a high requirement that
need to be proven clearly.The employer should not discriminate between his employees
depending on their age or atleast in a direct manner since it could lead to a lawsuit.
Cheeks V Freeport Pancake House:
Facts: In this case the freeport Pancake house had a policy of deducting amount of 2.50$ from
a worker’s wage if there was a shortage in the cash register.Cheeks a employee whose wage
was deducted filed a lawsuit against free port for violating Fair Labor standard Act(FLSA) and
New york state labor laws.However Cheeks then later Agreed to a private settlement with the
Freeport pancake house without the approval of the court.They later proposed a joint stipulation
and and order of dismissal.
Judgement: The court refused to accept this submitted stipulation of both parties and ruled that
cheeks could not engage in private settlement without the approval of the court or the
supervision of the department of Labor.The court also ordered the parties to show that how the
settlement to which they have agreed to is fair and just in the form of affidavits or some other
documentary evidence.
Impact on employer and practical Recommendations: This judgement of Court of Appeal lead to
the rule that an employee after the proceedings have begun cannot do a private settlement with
its employer without either the approval of court of DOL.Our client should be careful if any kind
of suit is filed and should try to agree to settlement before it leads to court or ask the permission
of court for a settlement.
4: Marshal V Barlow 436 US 307 Supreme Court(1978)
Facts: In this classical Court case an inspector from the Occupational Safety and Health
Administration(OSHA) attempted to enter the premisis that was owned by Barlow
incorporation.The inspector wanted to enter without having a warrant.Ferrol G Barlow refused
the inspector to enter the inspector then issued the district court of idaho for a compelling order
to be granted to him.The court issued said order but barlow wanted an injunction. Against
Section 8(a) of OSHA
Ruling: The District Court ruled in favor of Barlow and stated that the inspector who wanted to
inspect the property was violating the Fourth amendment which protected employer against
Unreasonable Search and seizure.The court concluded that OSHA inspectors had no right to
conduct warrantless searches and deemed section 8(a) of OSHA to be unconstitutional.
Impact on employer and practical recommendations: This ruling protects our client from any kind
of Unwarranted Interference in its property without proper warrant from the court.This judgement
also protects the client’s privacy and emphasises the importance of Fourth Amendment
protection against unlawful search and seizure in American jurespudence.
5: Staub V proctor Hospital
Facts: Vincent Staub was a member of US army reserves and was called to attend a two week
training period.He was also a lab technician at proctor hospital.He was fired from his job and
staub claimed that he was fired because of his military service.He won 57000$ in damages in
trial,later a senior executive chose to fire staub so he sued the hospital again for bias due to
military service under USERRA.
Judgement: The court ruled that if an employee is fired because of his military service history
and that is the main motivating factor then the employer is liable even though it was a senior
employee or director and not the actual employer or owner the business who fired the
employee.
Impact on employer and practical recommendations: This judgement lead to the principle that
the employer can be held liable for the acts of a senior employee on a junior employee if he fires
a junior employee solely based on his disapproval of his military service.Our client should make
sure that his senior staff who are of higher authority are not biased against any kind of minority
or individual so that this sort of situation does not arise.
6:Nevada Department of Human Resources V Hibbs
Facts:In this case Hibbs a employee of Nevada department of human resources sought 12
weeks of unpaid leave to take care of his wife who was under critical condition.He was eligible
for it under FMLA.When he had exhausted that leave he was called back on certain date but he
requested extra leave and when he was not granted the leave,he was fired.Hibbs sued the
department for refusing to follow FMLA.
Judgement:
The judgement ruled in Favor of hibbs and ruled that even state employees are able to get
FMLA leave which emphasises the importance of FMLA regulations on employers.
Impact on employer and practical recommendations: This judgement put more importance on
the following of FMLA regulations and even though the employer fulfilled the obligation he still
could not outright fire the employee because of the fact that the employee had a valid reason for
leave which was that His wife had cancer.Our client also has to take this into consideration
when dealing with employee who are no leave due to certain circumstances in their personal
life.
Final Exhibit:
This wide range of Case laws that govern the workplace environment give us an accurate
understanding of how the courts have interpreted the Laws that effect the employer.The
supreme court judgement of white case provides us with the information about how careful the
employer has to be about gender discrimination or any other way of discriminating at the
workplace.The FBL v gross case rules that employers cannot discriminate between his
employees based on what age they are(ADEA).The case of Cheek v porter tells us how and
when the court has allowed for the employer and employee to agree to a private settlement.The
supreme court ruling of marshal v Barlow emphasises the importance of a employer and his
workplace’s need for privacy and its ruling also protects the fourth amendment right.The case of
Staub V proctor ruled that an employer maybe held liable for his senior employees action on his
junior employees therefore he has to be considerate and pay attention to his work place
environment.Lastly the Hibbs case decribes the importance of FMLA regulations and shows
how the employer has to be considerate of his employees critical personal situation and what
the penalties are for violating FMLA regulations.
