Speaking

New York Legal Seminar Speaker

 

Attorney Steven Mitchell Sack has conducted several hundred legal seminars throughout the United States for salespeople and independent sales representatives, employees, executives, career counselors, owners of employment agencies, supervisors, managers, officers and owners of companies during the past 30 years. His practical labor strategies and tips are designed to help attendees understand their legal rights and comply with complicated and confusing state and federal personnel laws and regulations to save money and aggravation in these litigious times.

Lectures run approximately one hour, not including a question and answer session. Each lecture may be expanded to a seminar length up to a full day, and topics may be selected singly or in combination with others. Each lecture addresses the legal and business needs and specific problems of each audience within its particular industry.

The following is a brief description of general seminar topics:


Selling And The Law

For people in sales, independent sales representatives, sales rep agencies, sales managers and sales executives.

Thousands of people in sales each year are exploited because they are not aware of their legal rights. Commission rates are unfairly reduced, territories are taken away, and people are terminated illegally. Many sign contracts prepared by legal staffs of employers and are unaware of the pitfalls of such contracts. Trade defamation, product disparagement, misrepresentation and anti-trust violations frequently occur during the sales presentation. Attorney Steven Mitchell Sack will entertain and tell you how to avoid and anticipate these abuses.

Oral and Written Contracts. How to negotiate the best deal while protecting yourself at the same time. Attendees will receive several comprehensive valuable contracts for illustrative purposes.

Preventative Legal Advice While Working For Your Company. Maximizing your commissions, job security, territory, on-the-job and post-termination rights through your new legal awareness.

How To End Unscrupulous Company Exploitation. The anatomy of a lawsuit, how to prepare for and win a case in court, whether in litigation, arbitration, mediation, or Small Claims Court. Attorney Sack will discuss the results of his successful lawsuits and why his clients prevailed in such litigation.

How To Hire And Properly Work With Employees And Sub-Reps.

Buying, Selling, Merging and How to Properly Value a Rep Agency. Attendees will receive valuable buy-sell, merger, shareholder and other agreements.

Avoiding Anti-Trust Violations During the Sales Process. Strategies to comply with laws regarding orders, terms of sale, product and company descriptions, refusals to deal, requirements contracts and tying arrangements, quotas, special terms, price discussions and price concessions. Refusals to deal with reps. How to steer clear of unfair trade practices.

Reducing Product and Service Liability Claims. Proper procedures for returned goods, avoiding liability sensitive statements, evaluating customer complaints regarding defective goods and chain of title issues.

Avoiding Misrepresentation During the Sales Presentation. The difference between sales puffery and statements of fact, when warranties arise during the sales pitch, how to best avoid the legal consequences of misrepresenting your product or service during the sales presentation.

Business Slander, Trade Defamation and Product Disparagement. How to avoid common violations, training salespeople in this area.

Avoiding Breach of Contract and Discrimination Lawsuits By Properly Hiring and Firing Sales Staff.

Reducing the Potential Loss of Trade Secrets, Confidential Information, and Valuable Customer Lists and Information. What constitutes a trade secret? Restrictive covenants, protecting customer lists, proprietary customer information, and related matters. Attendees will receive valuable agreements for illustrative purposes.


Understanding and Enforcing Your Job Rights

For Union officials, labor executives, employees, career counselors, employment agency managers, female workers and human resources directors.

Steven Mitchell Sack The Employee’s Lawyer® addresses key areas where employees and workers are frequently exploited. He will show you how to use the power of the law when things go wrong on the job. All-important aspects of employment from pre-hiring and on-the-job issues to firing and post-termination aspects are explained in great detail.

Attendees will learn how to fight back and win:

  • Key points to negotiate before taking any job

  • How to confirm an oral handshake into a written agreement

  • Essential steps to take to protect yourself before you get laid off or fired

  • What to do when your job is in jeopardy

  • You are a victim of sexual harassment

  • Your profit sharing or pension plan is in danger

  • You are about to lose an expected bonus or commission

  • Your company makes an unfair or sudden change regarding benefits

  • You receive an unfavorable performance appraisal

  • You fail to receive a promised raise or promotion

  • You are fired unfairly and desire to negotiate a severance arrangement

  • You are denied equal pay, overtime, and vacation pay

  • You are having a problem collecting severance pay, unemployment, or retirement benefits

  • You are given a negative job reference

  • You are the victim of age, sex, race, pregnancy, disability, or retaliation discrimination

  • What do to when you are forced to resign

  • The best way to obtain a favorable job reference

  • How to maximize the chances of winning an unemployment hearing, workers’ compensation, and social security disability claims

  • Tried and true negotiating strategies to recover more severance, medical benefits, outplacement, and other financial benefits

Attendees will receive numerous handouts, checklists, valuable agreements and a copy of Mr. Sack’s The Employee Rights Handbook.

Attorney Sack will also discuss how to hire and use a lawyer effectively in employment-related litigation and the best ways to present and prove a claim in court.

Note: A separate distinct seminar emphasizing women’s rights covering topics primarily and often exclusively pertaining to female workers is available upon request.


How To Comply With State and Federal Personnel Laws and Regulations in the 21st Century

For all employees who have responsibility for administering the maze of personnel laws and regulations in both profit and non-profit organizations; managers of staff and personnel, human resource directors, EEO counselors, affirmative action, compensation and benefit coordinators, executives, officers and senior employees.

This practical “hands-on” seminar provides an up-to-the-minute review of key federal and state laws, critical new court decisions, and practical advice on key issues including drug testing, wrongful discharge, employee handbooks, affirmative action programs, pre-employment practices, negligent hiring and background checks, employment contracts, AID policies, wage and hour violations, plant closings, and much more.

  • Introduction of topics

    • Emerging areas of employer liability

    • Importance of preventative law

    • How attendees can avoid liability for their employers

  • Pre-employment considerations

    • Advertisements, brochures and EEOC regulations

    • Applicant screening and EEOC guidelines

    • Immigration Reform and Countrol Act of 1986

    • Application forms

    • Employment agencies, N.Y. Gen. Bus. Law Sec. 173-185

    • Establishing legal job requirements and bona fide occupational qualifications

    • Conducting the hiring interview properly

    • Pre-employment drug and alcohol testing

    • Negligent hiring: risks, penalties, answers

    • Avoiding violations of FTC pertaining to job misrepresentation

    • Avoiding breach of contract claims of job security

    • Investigating applicant references properly to avoid defamation claims

    • The federal Polygraph Protection Act of 1988

  • Other employment considerations

    • How to hire employees properly

    • Comprehensive checklist of negotiating points when hiring — bonuses, commissions, advances, and other forms of compensation

    • Advantages of written contracts

    • All about arbitration

    • Benefits of clauses with restrictive covenants

    • How to execute agreements properly and other preventative strategies

  • On-the-Job employment considerations

    • Using employee handbooks and manuals effectively

    • Protecting confidential information and trade secrets

    • Proper post-hiring recordkeeping

    • Recognizing employee privacy rights

      • Lie detector tests

      • Access to personnel records

      • Conducting litigimate searches and interrogations

      • Legal wiretapping and eavesdropping

      • Drug and alcohol testing — Federal Drug-Free Workplace Act of 1988

      • Smoking in the workplace — New York City Indoor Air Act and other N.Y. legislation

      • AIDS and generic testing — New York Public Health Law Sec. 2780 and N.Y. State Exec. Law 291(a); 296

      • No fingerprinting of employees — New York Labor Law Sec. 201(a)

      • No consumer credit checks for employment — N.Y. Gen. Bus. Law Sec. 380(a)

      • No inquiry into past arrests — N.Y. Exec. Law Sec. 296(1-6) and N.Y. Corrections Law Art. 23-A, Sec. 754

      • Psychological stress evaluators — New York Labor Law Sec. 733-739

      • Maternity leaves — N.Y. Exec. Law Sec. 296

    • Using appraisals and performance reviews properly

    • Implementing and enforcing a system of progressive discipline

    • Employee inventions and suggestions

    • Promotions and EEOC requirements

    • Compensation and related issues — New York wage and hour laws — minimum wage, overtime, vacation pay, bonus payments, severance, and other compensation issues

  • Firing, termination decisions, and civil rights issues

    • Avoid hiring for a definite term — Weiner v. McGraw-Hill; Murphy v. American Home Products

    • Reviewing personal records and contracts before firing

    • Age, sex, race, and handicap discrimination considerations

      • Lipson v. Fortunoff Fine Jewelry and Silverware, N.Y. State Div. of Human Rights case prohibiting firings due to handicaps

      • Handicap Discrimination — N.Y. Exec. Law Sec. 296(a)

      • Age Discrimination — N.Y. Human Rights Law Sec. 291; 296

      • Sex Discrimination — New York Equal Pay Act

      • Religious Discrimination — N.Y. Exec. Law Sec. 296(1)(a)

    • New state laws protecting sales reps — New York Labor Law Sec. 191(a-c)

    • Whistleblowing — N.Y. Labor Law Sec. 740

    • Jury Duty — N.Y. Judiciary Law Sec. 519;532, 60; 686

    • Filing Workers’ Compensation Claims — Worker’s Comp. Law Sec. 120

    • Retaliatory Discharge — N.Y. Labor Law Sec. 215

    • Analysis of sex discrimination and religious discrimination

    • Checklist of key points to consider and implement before firing

    • Ramifications of the new federal Worker Adjustment and Retraining Notification Act

    • Massive layoff v. individual firings

      • Pay schedule for layoffs — N.Y. Labor Law Sec. 191-3

      • Deductions from pay — N.Y. Labor Law Sec. 193

  • Unemployment problems

    • Resignation versus firing considerations

    • Determining when your company should contest unemployment benefits

    • Strategies to win the case at the Unemployment Board

    • Determining when it is warranted to file an appeal

  • Protecting your company from disloyal ex-employees

    • Definition of trade secrets and confidential information

    • Enforcing restrictive covenants

    • Cease and desist letters and preliminary injunctions

 

To contact Steve regarding a speaking event or teleseminar, call (917) 371-8000.