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Category: On-the-Job Issues

On-the-Job Issues explained by New York Employment Lawyer Steven Mitchell Sack

Fifth Circuit Rules NLRB May Be Unconstitutional

In a ruling that has disrupted employment law throughout the United States, the Fifth Circuit of the United States Appeals Court found that the National Labor Relations Board (NLRB) may be unconstitutionally structured. This ruling undercuts the authority of the NLRB to make decisions on violations of the National Labor Relations Act (NLRA) and other related legislation. If upheld, it may even bring into question the continued existence of the NLRB and the applicability of its rulings.

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Starbucks Institutes Dress Code, Prompting Protest

Starbucks, the major coffee house chain, has announced it would institute a new dress code for its employees, requiring them to all wear similar outfits underneath their iconic green aprons. However, the move has prompted a backlash from a labor union that is currently in negotiations with Starbucks, including over terms related to a potential dress code. The union has said that the move focuses on issues that impose additional requirements on employees while doing little to actually improve operations.

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Have You Been the Victim of Employee Misclassification?

One issue that is more common than most people realize is the problem of employee misclassification. When a worker is accidentally or intentionally misclassified, it can have a significant impact on their legal protections, their compensation, and even potentially their tax liability. But what exactly is employee misclassification, and how can you tell if it has happened to you?

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USSC Holds “Preponderance” Standard in FLSA Case

In a recent ruling, E.M.D. Sales, Inc. v. Carrera, the US Supreme Court held that a “preponderance of the evidence” is the appropriate legal standard to determine if an employee is exempt under the Fair Labor Standards Act (FLSA). This is compared to the standard the respondent advanced, which is the much more stringent “clear and convincing evidence” standard. This means that it may be much harder for employees to prove they should be entitled to overtime pay. Continue reading “USSC Holds “Preponderance” Standard in FLSA Case”

Seven Ways Employers May Engage in Wage Theft

Wage theft is the broad term for when employers refuse to pay employees what they are legally owed for their work. This is a disturbingly common problem, resulting in billions of dollars in losses to employees who are denied their rightly earned wages and benefits. Here are seven ways employers may engage in wage theft:

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What is Retaliation in the Context of Employment Law?

While laws like Title VII of the Civil Rights Act (Title VII) and the Americans with Disabilities Act (ADA) protect Americans from facing discrimination in the workplace, they also protect people from retaliation from their employers. Notably, this protection extends to all employees, not merely those who were originally discriminated against. But what exactly is retaliation in the context of employment law, and how might it affect you?

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What is Employee Misclassification, and Why Does it Happen?

Employee misclassification is a surprisingly common problem that employees face in every industry and at every income level. When it happens, it can cost employees a significant amount of money and place them in otherwise avoidable legal peril. But what exactly is employee misclassification, and why might it happen to you?

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NY Legislature Passes Retail Worker Safety Act (RWSA)

The New York State Legislature has recently passed the Retail Worker Safety Act, also known as the RWSA. This new law is meant to address the growing problem of workplace violence and harassment, particularly against retail employees, who are at increasing risk of being injured by angry customers. Among other things, it would require employers to implement standards and training to reduce the risk of harm to employees.

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$12 Million Settlement in PNC Bank Labor Suit

PNC Bank has agreed to pay $12 million to settle a class action lawsuit by its mortgage loan officers arising from a series of alleged labor violations. Among these, the bank was accused of failing to account for loan officers’ breaks for their compensation, and that it improperly took deductions from their salary, causing them to make less than they were legally entitled to. While PNC argued that its compensation scheme was fair, it ultimately settled after losing on a partial motion for summary judgment.

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Tesla Faces Class Action Lawsuit Over Labor Violations

Tesla, the major car manufacturer, has been accused of a number of labor violations by its employees, and is facing a class action suit related to the laws it allegedly broke. These violations supposedly include instituting an illegal quota system, forcing employees to work through breaks, and failing to pay employees their wages. In total, the suit is asking for $5 million in damages to compensate employees for the various violations committed by the company.

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    What’s Happening at The Law Offices of Steven Mitchell Sack

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    Juan Carlos Gómez Stolk
    I reached out to Steven and he called me back right away. I would say one of the best things about working with him is that he is clear, acts quickly and provides advice that calms anxiety and drives results. He is knowledgeable and approaches the situation with care and respect for all parties. Thanks for your support Steven.
    Response from the owner:Your review is deeply appreciated. Please feel free to reach out again for any future employment law issues you may be dealing with.
    Jeff Lynn
    Thank you Steven for all of your help. I am truly thankful.
    Response from the owner:Your review is very much appreciated, Jeff. I am always available to speak if you ever need help with a labor or employment law matter.
    deseiden palisade
    I dealt with steven as an adversary. I found him to be one of the most respectful,, knowledgeable, and effective attorneys i have encountered in my 40 years of practicing law.
    Sean Replogle
    Steven isn't just a great lawyer, he is a great person. He was always available to take my calls, and to give good advice. I would highly recommend him.
    Response from the owner:Glad to have been of assistance, Sean. I am always available to help if you ever need assistance with an employment law issue.
    Hart Schwartz
    "I am an attorney, and I can say that Mr sack did an outstanding job in negotiating a severance agreement. He picked up the phone and made a call, something simple, timely and effective that no other attorney would do. Mr. Sack was effective, to the point, he always followed up, and he got me a better result than any other attorney would have.

    He exceeded expectations, and I am very grateful that I hired him.

    I would recommend him to any employee involved in a sensitive situation where diplomatic negotiation and communication is needed. He kept me very well informed about the progress of my case and obtained a very satisfactory negotiated formal written severance agreement, which is one of his specialties."
    Response from the owner:Thank you very much for your review. Please keep us in mind if you ever have any other employment law matters you need assistance with.
    John Koetzle
    The best contract lawyer out there. Responsive compassionate and got results results fast. Unbelievable contract lawyer best in NYC.
    Response from the owner:Thanks for your review. Please feel free to call back if you ever have any need of representation in any future employment law matters.

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