According to the New York State Department of Labor, there have been more than 31,000 employee misclassification cases in the state since 2007. While this is sometimes the result of an honest mistake, some employers will intentionally misclassify their employees as independent contractors, resulting in serious legal and financial problems. But why might an employer intentionally misclassify someone as an independent contractor? Continue reading “Why Might You Be Misclassified as an Independent Contractor?”
Author: Steven Mitchell Sack
Five Reasons That People Are Illegally Fired
In an at-will employment relationship, employers have broad authority to fire employees, for a wide range of reasons. However, not every rationale for firing people is legal, and employers can face potential ramifications if they fire an employee for a legally prohibited reason. Here are five of the most common reasons that employees are illegally fired by their employers:
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Identifying the Signs of Wage Theft
In terms of pure dollar amounts, wage theft is one of the biggest financial crimes in the United States, costing workers more than eight billion dollars a year, according to the Economic Policy Institute. This deprives workers of income they are legally entitled to, enriching employers at the expense of their employees. But what is wage theft, and how do you know if it is happening to you? Continue reading “Identifying the Signs of Wage Theft”
How Do Employers Try to Stop Unions From Being Organized?
Suffice it to say that many employers are not fond of labor unions, and some businesses will go to extreme (and sometimes illegal) efforts to prevent a union from being organized among their employees. These tactics range from the surprisingly subtle to the absurdly overt. Here are some of the most common tactics employers use to try to keep employees from organizing unions:
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How Employers Can Use a Credit Check Against An Employee
Increasingly, employers have used credit checks to screen employees and make hiring and firing decisions. In fact, according to a 2018 HR.com report, as many as 16% of all employers in the United States conduct a credit check on all employees as part of the hiring process, and a third pull credit reports on at least some of their job candidates. But what is an employment credit check, and how can employers use them against their employees? Continue reading “How Employers Can Use a Credit Check Against An Employee”
What is At-Will Employment, and Why Does it Matter?
By far the most common type of employment in the United States is what is known as at-will employment. In fact, it is estimated that nearly three quarters of all employees in the U.S. are considered to be at-will employees. But what does it mean for someone to be employed at-will, and why might that matter for you?
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Five Potential Signs of Religious Discrimination
As Steven Sack says in his book, Fired!, “The Civil Rights Act of 1964 prohibits religious discrimination and requires employers to reasonably accommodate the religious practices of employees and prospective employees.” However, religious discrimination is a surprisingly common phenomenon in workplaces across the country, although many people do not realize it. Here are five ways employers may discriminate against employees on religious grounds:
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OSHA Announces Heat Illness Prevention Program
The Occupational Safety and Health Administration (OSHA) has announced a National Emphasis Program (NEP) to deal with the dangers of heat illness in employment settings. As Steven Sack notes in his book, Fired!, “The 1970 Occupational Safety and Health Act requires employers to provide a safe and healthful workplace,” and protecting employees from these sorts of hazards is part of their mandate. The program targets 70 high-risk sectors where employees frequently suffer the ill effects of exposure to high temperatures. It has also signaled that it will be moving forward with new rulemaking to help prevent heat illness, in order to better protect workers from injury and death.
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Five Potential Signs of Age Discrimination
Age discrimination is not discussed as often as other types of discrimination, but it is no less damaging for people and their careers. When employers choose to discriminate against their older employees, they can cause substantial harm to them and their career prospects. Here are five signs of age discrimination you may want to watch out for if you are 40 or older:
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Explaining Retaliation in Employment Law
Legally speaking, it is illegal for employers to retaliate against an employee for reporting a violation of employment law by their employer. However, employers often take retributive measures against employees anyway, resulting in substantial professional consequences for employees who are simply trying to do the right thing. But what exactly is retaliation in an employment law context, and what should you do if your employer retaliates against you?
