Prospective employers, under law, cannot ask a prospective job applicant such questions as “How old are you?” “Aren’t you a little old to apply for this job?” or “What year were you born?” This applies to companies accepting online applications.
Placing a question about the job seeker’s date of birth or year of graduation from college may be illegal because it allows the interviewer to dismiss the applicant on the basis he or she is “too old” or “overqualified.”
Continue reading “The Employees Lawyer Weighs in on Age Discrimination in the Workplace”
As of December 1, The Occupational Safety and Health Administration (OSHA) will begin enforcing the injury and illness record-keeping rule. Under the record-keeping rule, companies with more than 250 employees in covered industries will be required to submit annual injury and illness forms electronically.
Continue reading “OSHA Post-Injury and Illness Drug Testing and Record-Keeping Rule”
All companies must now be familiar with the Labor Department’s new rules defining independent contractor versus employee status for several reasons. In addition to working for principals as an independent worker, many rep firms hire employees to assist in their businesses. When are workers employees? When are they contractors? These are differences in definitions that have huge legal implications.
Continue reading “Significant Employee versus Independent Contractor Developments”
Steven Mitchell Sack, “The Employee’s Lawyer,” will appear on “Fox & Friends” on Saturday, February 27 at 6:45 a.m. to discuss the new rules that are being proposed in Seattle on how companies establish their employees’ work schedules.
Continue reading “Steve Sack to Discuss Proposed Worker Schedule Rules for Seattle Employers on “Fox & Friends””
A class action lawsuit can be used when a number of people wish to participate in a lawsuit but the class is too numerous, or it would be too expensive to try each case separately. These individuals commence a case and retain lawyers to represent them and retain a class representative to represent them and the class. An example of this is hundreds of people who suffer alleged employment discrimination, including sexual harassment and wage and hour violations are now pursuing their job rights through class action lawsuits. In addition, class action lawsuits are also available to challenge a policy or interpretation of a statute or regulation, such as in a Medicaid case.
Continue reading “Class Action Lawsuits”
While it is always ideal to have a lawyer to protect your legal rights and interests, this may not be possible all the time. If you have limited funds and do not qualify for legal aid, you may be forced to appear on behalf of yourself. Just because you appear pro se does not mean you will lose your case. However, it is necessary to be informed and educate yourself about the procedure and what to expect.
Continue reading “Pro Se Representation”
Damages are awarded to a prevailing party in a lawsuit. They may come in the form of money, or in some cases, the court may order the opposing party to perform a certain action.
Continue reading “Damages in Employment Litigation”
Over the past century, labor laws have evolved to protect many classes of individuals — including men, women and children. US labor laws protections regulate workplace conditions including: harassment and discrimination in the workplace, workers’ health, and minimum pay. However, in recent years, the social progress of employment protections have come under question regarding a specific group of people….interns. In late March 2014, interns in New York City were granted the rights and protections that they argue they so rightfully deserve.
Continue reading “NYC Interns Now Protected”
For years, New Yorkers and individuals around the country have been aware of the ongoing lawsuit that alleged racial discrimination against one of the most notable fire departments in the nation, the FDNY. However, in early March, Mayor Bill de Blasio and his administration have finally brought the lawsuit to an end.
Continue reading “FDNY Settles Claims of Racial Discrimination”
Although many safeguards are put into place to ensure the safety of employees, it is an unfortunate reality that accidents and casualties still occur. Unforeseen mishaps can turn into tragedy all too quickly, as was the recent case with an on-the-job accident involving a Texas construction worker.
One construction worker was treated for hypothermia, while another was pronounced dead after an on-the-job accident took place during construction of the Baylor University football stadium and pedestrian bridge.
Continue reading “Texas Construction Worker Dies on the Job”