Could Violations of Rest Day Entitlements and Forced Additional Shifts Constitute Wrongful Termination or Labor Law Violations?

Question from AZ, Could Violations of Rest Day Entitlements and Forced Additional Shifts Constitute Wrongful Termination or Labor Law Violations?

Answer from AI:

Based on the information provided, it appears that there may be potential violations of both the Collective Bargaining Agreement (CBA) and New York Labor Law. However, it’s important to note that the determination of whether these actions constitute wrongful termination or labor law violations would ultimately be made by a court or labor board. It’s strongly recommended that the worker consult with a legal professional for personalized advice.

Potential Violations of the CBA and New York Labor Law

Under the 32BJ RAB 2022 Residential Contract’s Article XIX Section 11, building service workers are entitled to a ‘day of rest.’ This is also mandated by New York Labor Law § 161, which requires every owner, lessee, or operator of a building to allow at least twenty-four consecutive hours of rest for janitors, superintendents, and other related personnel in each calendar week. If the worker was consistently denied this right, it could potentially be a violation of both the CBA and state labor law.

Potential Wrongful Termination

Termination following a medical episode could potentially be seen as wrongful termination, especially if the medical condition is documented and the employer was aware of it. The Americans with Disabilities Act (ADA) and the New York State Human Rights Law provide protections for workers with disabilities, which may include certain medical conditions. If the worker’s medical condition was a factor in the termination, it could potentially be a violation of these laws.

Potential Labor Law Violations

Forced additional shifts that are outside of the worker’s regular schedule could potentially be a violation of the Fair Labor Standards Act (FLSA) or the New York Labor Law, especially if the worker was not properly compensated for these shifts. Additionally, threats to the worker’s job if they refused to work these shifts could potentially be seen as a form of coercion or retaliation, which is prohibited under the National Labor Relations Act (NLRA).

Here are some general steps the worker might consider:

• Document all instances of potential violations, including dates, times, and any communication or actions by the employer.
• Consult with a legal professional who specializes in labor law.
• File a complaint with the appropriate labor board or agency, such as the National Labor Relations Board (NLRB) or the New York State Department of Labor.

Please note: This information is intended to provide a general understanding of the potential legal implications in this situation. It is not intended as legal advice. Individuals should consult with a legal professional for personalized advice based on their specific circumstances.