New York Lawyer's Legal Updates

IJ Must Consider Immigrant’s Ability To Pay When Setting The Bond

15 March 2018

Author: Immigration Attorney Alena Shautsova An immigration bond is an amount an immigrant has to pay to be released from the immigration detention. The usual situation involving an immigration bond would unfold when asylum seekers I detained at the border and placed in detention pending credible fear interview. If an asylum seeker passes an inter ...

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Discovery in Employment Discrimination Cases

06 September 2014

Author: New York Employment Discrimination Attorney Alena Shautsova Majority of employment discrimination cases are filed in Federal courts, and hence the disclosure of the information by the both sides would be governed by the Federal Rules of Civil Procedure. Sometimes, a question of whether to file a case a state or federal court is a strateg ...

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Undocumented Workers May Recover Unpaid Wages

04 August 2013

Author: New York Employment Attorney Alena Shautsova Thousands of US small and large business employ immigrants who the government calls “undocumented”. Those are men and women who earn their living and pay taxes but do not have a permit to work in the United State. They are not necessarily employed as agricultural or domestic workers. Quite ofte ...

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Discrimination At Work: Who Is A “supervisor”?

29 July 2013

Author: New York Employment Discrimination attorney Alena Shautsova Workplace discrimination is one of the most unpleasant and upsetting things that may happen to anyone. One may think that in 21 century most employers are aware of the consequences of singling out an employee based on sex, race, place of origin, disability or age. The reality, how ...

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Age Discrimination: When to Complain?

01 June 2013

Author: Discrimination Attorney Alena Shautsova New York State and City laws, as well as Federal ADEA (“Age Discrimination Employment Act”) protect workers from age discrimination: it is illegal to subject employees to harassment, disparate treatment and retaliation. Different laws provide different frames of protections, with the New York City l ...

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Anthropologists Study the Prevalence of Sexual Harassment

16 May 2013

Author: Sexual Harassment Attorney Alena Shautsova Anthropology is the science that studies mankind in terms of physical and cultural development including biological characteristics, social customs and beliefs. As in many other scientific areas, scientists engage in fieldwork in remote and uncivilized locations. According to an article in A ...

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No Matter How Important the Boss, Sexual Harassment Is Actionable

09 April 2013

Author: Sexual Harassment Attorney Alena Shautsova When sexual harassment occurs and involves individuals in notable government positions, it generally creates quite a scandal and can become high profile in the news. Such is the case with Assemblyman Vito Lopez who was accused of sexual harassment by two female staff members. Both claimed that he ...

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What Does the Renewal of VAWA Mean for Immigrants?

25 March 2013

Author: Discrimination Lawyer Alena Shautsova The Violence Against Women Act (VAWA) initially passed by Congress in 1994, was re-authorized in 2000 and 2005. However, reauthorization expired in 2011. In February 2013 Congress reauthorized and passed a revised VAWA. Under the revised VAWA, provisions also extend to women on Indian reservations and ...

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Social Media and Email Account Information in a Sexual Harassment Case

06 March 2013

Author: Discrimination Attorney Alena Shautsova Be Ready to Turn Over Social Media and Email Account Information in a Sexual Harassment Case Judges routinely ask to review documents as part of discovery in a sexual harassment class action lawsuit. However, an interesting privacy issue emerged in one particular case where plaintiffs were seeking s ...

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How Can I Win A Sexual Harassment Case

26 November 2012

Author: Employment discrimination attorney Alena Shautsova Sexual harassment at work is prohibited. Very often, however, female employees are afraid to go forward with the claims and complaints against their employer because they are afraid to lose their jobs, afraid that the employer will make a “bad name” for them and they will have hard time ...

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Harassment Of Domestic Workers

16 November 2012

Author: New York Discrimination Attorney Alena Shautsova Many home attendants and home health aids in New York are not aware that under the New York State law they are protected against sexual harassment and discrimination. Unfortunately, the Federal Law, Title VII does not provide such protection because it requires an employer to employ 15 and m ...

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Sexual Harassment At Work

10 September 2012

Author: NY lawyer Alena Shautsova As life shows, a person can become victim of sexual harassment at any place: big or large firm, private or public sector. Recent news on the subject just prove the point read the story here. Frequently, victims do not go forward against their employers being afraid of scandals, future retaliation and gossips. Kno ...

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Tough Economic Times See Increases in Discrimination Claims

02 September 2012

Author: Discrimination lawyer Alena Shautsova As economic conditions change, sometimes job markets favor employees and sometimes they favor employers. The supply/demand ratio in the current market shows a greater supply than demand for employees, and unemployment rates are higher than the nation has seen for decades. Such conditions make it an emp ...

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Discrimination Lawsuit brought by DOJ against Interstate Farm Company

25 August 2012

Author: Law Office of Alena Shautsova Work-authorized non-citizens brought a lawsuit against Rose Acre Farms through the Department of Justice (DOJ) that alleged discriminatory employment practices. The Immigration and Nationality Act (INA), as explained by the DOJ, does not allow employers to require additional or other than specified documentat ...

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New York's Healthy Workplace Bill Addresses Bullying as Harassment

Author: discrimination lawyer Alena Shautsova Bullying has been a hot button in the news for some time, often providing detailed descriptions of the devastation that school children experience when they are victims of bullying. A particular bullying incident involving a Massachusetts high school student, Phoebe Prince, led to national media headli ...

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How Does the Family Medical Leave Act Protect Against Discrimination?

Author: discrimination lawyer Alena Shautsova As long as actions are not discrimination based, employers can fire, demote, discipline, or take any other legitimate employment action against employees who are on a Family Medical Leave Act (FMLA) authorized leave. However, an employer cannot terminate you because you took an authorized FMLA leave. ...

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Appellate Court Rules that DOMA Is Unconstitutional

Author: Alena Shautsova Marriage is a union of a man and a woman according to the Defense of Marriage Act (DOMA), a federal law. However, the First U.S. Circuit Court of Appeals in Boston has just ruled that DOMA is unconstitutional. States have been divided on gay marriages for some time now with some states passing laws that allow gay marriage ...

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Pregnant Women's Rights against Discrimination in New York

Author: discrimination attorney Alena Shautsova Many women are in the workforce today, and despite holding jobs, many also plan on having families. Is it fair for an employer to deny women the same rights as other employees when they become pregnant? The answer is "no." Various laws that protect women's rights in New York include: The Pregnan ...

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You Have the Right to Receive Equal Pay

Author: Law firm of Alena Shautsova The Equal Pay Act of 1963 was signed into law by President John F. Kennedy to create a work environment where women could earn the same pay as men for performing equivalent jobs. Despite the passage of this law, a large gender gap still exists between the pay that women and men receive in the United States. Acco ...

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Discrimination Through Criminal Background Checks

Author: Alena Shautsova Freedom from discrimination based on race, color, nationality, religion, sex, age, or disability is an integral part of our civil rights laws. Most businesses are aware that such discrimination is illegal. However, the Equal Employment Opportunity Commission (EEOC) recently updated a policy that affects how employers use cr ...

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Racial Discrimination Can Occur Anywhere

Author: NY discrimination lawyer Alena Shautsova New York Universities are known for their liberal outlooks and welcoming attitudes toward diversity. The New York metropolitan area is one of the most international populations in the country, consisting of people from diverse ethnic backgrounds, races, and religions. For this reason, one would not ...

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Reported Harassment on the Rise

Author: Law Office of Alena Shautsova Sexual harassment has been an ongoing problem in the workplace since women became a significant part of the workforce and is considered harassment based on the person's sex. Sexual harassment can range from derogatory comments about a particular gender, such as "all women are..." to personal harassment toward ...

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What is E-Verify and does it apply in New York?

Author: Law Office of Alena Shautsova According to the United States Citizenship and Immigration Services (USCIS), e-verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. At a federal level, e-verify is a voluntary system for employers. However, some states have rece ...

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New York Wage Theft Prevention Act

Author: criminal lawyer Alena ShautsovaNew York legislature amended its wage and hour law by the Wage Theft Prevention Act (WTPA) to 1) expand the notice of wage rate requirements that an employer must provide to its employees; 2) strengthen the rights of employees when an employer retaliates against them for taking an action against an employer f ...

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