A federal district court in California has ruled that a former executive for Tinder, the popular dating app, must resolve her sexual assault claim against the company’s CEO in private arbitration. This is in accordance with an arbitration agreement she signed a full year after the alleged assault, which was determined to apply retroactively. The executive claimed the agreement was forced on her to silence her, but the judge determined it was still valid and enforceable. Continue reading “Former Tinder Executive Must Arbitrate Sexual Assault Claim”
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NLRB Allows Employers to Restrict Employees’ Email
In a recent ruling, the National Labor Relations Board (NLRB) reversed a 2014 decision that gave employees the presumptive right to use their employer’s email system for non-work-related purposes during nonworking time. In the new decision, the NLRB instead ruled that employers retained the right to restrict employee use of an employer’s email system, so long as it did so on a nondiscriminatory basis. This could have a significant impact on employees’ ability to organize for labor purposes.
The new ruling, Caesars Entertainment dba Rio All-Suites Hotel and Casino, the NLRB considered a case where employees were using their employer’s email system when not working to organize for labor purposes. While employers undeniably have a right to control their own property, including their company’s email systems, employees also undeniably have a right under Section 7 of the National Labor Relations Act (NLRA) to communicate for labor organizing. The question is whether the employer’s property right or the employees’ labor rights takes precedence.
Previously, in 2014’s Purple Communications, Inc., the NLRB ruled that an employee who is given access to an employer’s email system has a presumptive right to use that system for labor organizing purposes protected by Section 7 of the NLRA, provided they do not do it during work hours. In the new decision, this was reversed, allowing employers to deny employee access to the email system for labor purposes, provided they do not discriminate in doing so. The only exception to this rule is if there is no other available means for employees to reasonably conduct Section 7 protected activity, but this is a very narrow exception.
If you are looking into unionizing, or you already have a union and are in a dispute with your employer, give the Law Offices of Steve Sack a call. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer who has considerable experience in handling the many aspects of labor and employment law. To schedule a consultation with New York City employment lawyer Steve Mitchell Sack, call (917) 371-8000.
U.K. Court Rules Woman Was Discriminated Against for Being Too Young
A British court has ruled that an employer discriminated against a young woman for being too young, under the U.K. Equality Act. The law, unlike equivalent legislation in the United States, prohibits all forms of age discrimination, whether against older employees or younger ones. Typically, age discrimination laws only protect older workers from being discriminated against, but some hope the U.S. might extend similar protections to younger workers as well. Continue reading “U.K. Court Rules Woman Was Discriminated Against for Being Too Young”
Company Violated ADA By Firing Man With Vision Problems
The United States District Court of Maryland has ruled that an employer violated the Americans with Disabilities Act (ADA) when he was dismissed due to vision problems. The vision problems were caused by a benign brain tumor for which the employee was seeking medical treatment. The employer argued the condition didn’t legally constitute a disability. The Equal Employment Opportunity Commission (EEOC) disagreed, and the District Court affirmed the EEOC’s decision. Continue reading “Company Violated ADA By Firing Man With Vision Problems”
Lawsuit Claims Barnes and Noble “Purged” Older Workers
Barnes and Noble, the bookstore chain with locations around the country, is facing a possible class action lawsuit from employees who claim they were fired due to their age. The lawsuit, filed in the United States District Court in Northern California, accuses the chain of deliberately purging the company of older workers in an attempt at cutting costs. The lawsuit blames the age discrimination in part on Elliott Management Corp., a hedge fund that took control of Barnes and Noble in August. Continue reading “Lawsuit Claims Barnes and Noble “Purged” Older Workers”
What is an Independent Contractor?
When most people think of the relationship between an employer and a worker, they envision something like the archetypical employee. The worker goes into the place where they’re employed, works however long they’re scheduled to work, and goes home at the end of the day. However, some workers aren’t employees, but are instead independent contractors, and things work a little differently for them. Continue reading “What is an Independent Contractor?”
Five Things to Know About Workplace Sexual Harassment
Sexual harassment is an unpleasant, but unfortunately common, part of the modern workplace. Men and women alike must deal with coworkers and superiors who do not respect their boundaries and see no problem in using their position to pressure others with improper behavior. However, there are steps you can take if you have been the victim of sexual harassment, and knowing your rights can help protect you, or at least redress the harm you’ve suffered. Continue reading “Five Things to Know About Workplace Sexual Harassment”
Federal Appeals Court Permits Ban on Secondary Boycotts
The Ninth Circuit of the United States Court of Appeals has affirmed a ruling from the National Labor Relations Board (NLRB) that stated that secondary boycotts are not constitutionally protected as free speech. This follows similar rulings from the DC Circuit and Second Circuit, both of which have also refuted arguments saying that said that secondary boycotts should qualify as free speech. This is seen as a blow to labor organizers, who have long tried to argue for the constitutionality of secondary boycotts, with little success. Continue reading “Federal Appeals Court Permits Ban on Secondary Boycotts”
Four Common Kinds of Employer Retaliation
It is illegal under the New York Human Rights Law for an employer in New York State to discriminate against an employee on the basis of race, sex, creed, color, sexual orientation, national origin, disability, marital status, domestic violence victim status, military status, criminal or arrest record, or predisposing genetic information. It is also illegal to retaliate against an employee for making a complaint, either to their employer or to the government, based on discrimination they experience or observe. However, not all forms of retaliation are easy to spot. Here’s just a handful of ways an employee can be retaliated against by their employer:
Being fired or having pay cut
By far one of the most obvious forms of retaliation, an employer accused of discriminating against their employees may simply decide to get rid of the employee who complained about them. Alternately, they may decide to punish an employee by cutting their pay. Obviously, this can have severe economic consequences, and sometimes simply wielding the threat of a firing or a pay cut can be enough to stifle would-be complainants.
Suffering abuse or harassment
Another of the more obvious forms of retaliation, an employer who is displeased with an employee complaint can simply choose to berate, harass, intimidate, or even assault the complaining employee. While, again, these are all illegal, an employer who is already discriminating against their employees may be willing to commit illegal acts to cover up other illegal acts. The goal in harassing or abusing complainants is to either get them to drop their complaints, or to get them to leave the company on their own volition, which would deprive them of any benefits they might otherwise get for having their job terminated.
Getting passed over for promotions or raises
Just as victims of employment discrimination might find their opportunities for advancement within their company cut off, so too might people who complain about discrimination find themselves unable to get raises or promotions, despite the work they put in or the success they have at their job. It becomes a way of quietly smothering a person out of the job, by making it impossible to advance a career. This can be more difficult to prove as people get passed over for raises and promotions all the time, for reasons that have nothing to do with employee retaliation.
Negative employee reviews
An increasingly common way for employers to retaliate against employees who complain about discrimination is to give them bad performance reviews. Employees who previously excelled in their job may find their reviews becoming worse, even if they haven’t changed anything else about their work habits or attitude. The reviews may say they “don’t take direction well,” or that they’re “not a team player,” or that they “lack emotional intelligence.”
If you have been discriminated against by your employer, or have suffered retaliation for complaining about discrimination by your employer, you seek the guidance of an experienced New York employment lawyer who can protect your legal rights and advocate on your behalf during the legal process. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with forty years of experience in handling the many aspects of employment law. To schedule an appointment with New York City employment lawyer Steve Mitchell Sack, call (917) 371-8000.
Four Common Wage and Hour Disputes
The most fundamental part of any employment relationship is the basic notion that a worker will receive wages from his/her employer in exchange for services rendered. That basic concept, however, often leads to conflict and strife, as there are constantly wage and hour disputes between workers and employers about how much they’re owed for the work they put in. Here’s just a handful of common “wage and hour” disputes that happen every day: Continue reading “Four Common Wage and Hour Disputes”