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Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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Author: Steven Mitchell Sack

NY Employers Now Required to Inform Employees of Electronic Monitoring

Under a new law set to take effect next May, employers in New York State would be required to inform employees in advance if they intend to engage in electronic monitoring of their workforce. This law, S2628, will have a substantial effect on employers that use various technologies to monitor their employees’ electronic communications, who currently do not need to tell their employees if they do so. Employers who violate this law may find themselves subject to investigation and fines by the New York Attorney General’s (AG’s) office.

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New EEOC Guidance Allows Employees to Sue For COVID-19 Retaliation

The Equal Employment Opportunity Commission (EEOC) has just issued guidance, clarifying that employees can seek a legal remedy in the event they suffer retaliation for reporting COVID-19 related violations. This means that anyone who suffers employment discrimination for reporting employers that violate COVID-19 labor protections can file a complaint with the EEOC or pursue litigation in court, as appropriate. This guidance has upset some employers, who fear a wave of lawsuits for alleged COVID-19 retaliation.

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Activision Blizzard Employees Walk Out Over Sexual Misconduct Claims

Employees at Activision Blizzard, a major game publisher, have staged a walkout in protest of sexual misconduct and other labor abuses alleged against the company. This walkout comes on the heels of a Washington Post article that reveals Activision Blizzard’s CEO not only knew about these abuses for years, but actively aided in covering them up and, in some cases, was himself a perpetrator. Now, employees are demanding radical changes at the company, including the resignation of the CEO himself.

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Advocacy Group Files Charge Against NCAA Over College Athletes

In a recently filed lawsuit, the College Basketball Players Association (CBPA) has accused the National Collegiate Athletic Association (NCAA) of violating Sec. 8(a)(1) of the NLRA “by classifying college athletes as student-athletes.” In so doing, the CBPA alleges the NCAA has illegally benefitted from the work of college athletes without giving them the income or benefits they would otherwise be entitled to. They have filed a charge with the National Labor Relations Board (NLRB) to have them investigate the issue, with the intent of changing the existing law.

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What is a Union Election, and How Can You Hold One?

A critical part of the process of unionizing is holding what is known as a union election. Without it, you cannot legally form a union in the United States, and you cannot move forward with negotiating with your employer collectively. But what exactly is a union election, and how do you go about holding one in your workplace?

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NYSDHR No Longer Discontinues Complaints After Private Settlements

The New York State Department of Human Rights (NYSDHR) has announced that it has stopped the policy of discontinuing complaints about labor and employment violations after the parties have reached a private settlement. Supporters of the change say that it will help to prevent future labor and employment abuses. However, critics of the new policy say that it will harm people’s ability to obtain private settlements, dragging out cases for months or years and encouraging more employers to go to trial.

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Identifying Sexual Harassment in the Workplace

Sexual harassment is a sadly common phenomenon seen in workplaces throughout New York and the rest of the country. Despite how common it is, though, not everyone recognizes sexual harassment when they see it. Here are some of the most common forms of sexual harassment seen in workplace settings:

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Five Things You Should Know About Independent Contractors

Broadly speaking, there are two primary types of workers: employees and independent contractors. While this may not seem especially relevant to some people, the legal distinction between the two is incredibly important. Depending on whether you are an employee or independent contractor, you could have far different protections and responsibilities to your employer. Here are five things you should know about independent contractors:

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OSHA To Create Rule Mandating Vaccination for Large Employers

The Occupational Safety and Health Administration (OSHA) has announced that it has begun the process to create an Emergency Temporary Standard that will require large employers to institute vaccination and testing procedures for COVID-19. The rule, if it successfully goes through the administrative process, would potentially result in mandatory vaccination for any affected companies, with weekly testing for anyone who cannot or will not be vaccinated. Early proposals for the rule also include potential fines for anyone who defies this mandate, as well as tax credits to help employers in complying with the new rule.

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Can Employers Monitor Employees in the Workplace?

As technology has advanced, it has become more and more common for employers to electronically monitor employees in the workplace. In addition, the tools that employers have to monitor employees have become more sophisticated, allowing extensive tracking of an employee’s activities throughout the workday. But are there any limits on this authority, and what can happen when an employer crosses the line?

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

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    I wish I had found him earlier. He is absolutely excellent, honest, kind and respectful. He is a man of honor and integrity. He's doing this to truly help people, especially the vulnerable and underrepresented. When other lawyers only see dollar signs, he doesn't. He sees you as a person, and cares about you and your rights. Set up a consultation with him and you won't regret it.
    Michael Mallett
    Steven was incredibly responsive in my situation, providing deep expertise around employment law and negotiation tactics. Even during the after effects of a snowstorm, he rushed me his book and took numerous calls. He was generous with his time, fair and direct with his guidance, but still allowed for situational understanding and getting to know me. Even though I did not need to retain his full service beyond a consultation, he still let me fully maximize the time he agreed to share and gave me the confidence I needed to handle the situation despite a very complicated SaaS tech situation. I was happy to share back with him that, even though the odds were very slim, his support did end up leading to a slight improvement in my case which is of course better than nothing.

    If you're looking for someone who truly knows the law, how to negotiate, and will do his best to fight for you - even if that's telling you the cold truth about your chances and still giving you support anyway as you ask - you need to call Steven!

    There are very few employment lawyer specialists I have learned with many friends in law and there even fewer with his track record.
    Peter Raczkowski
    Steven is simply phenomenal. From the moment I first tried to contact him through the consultation conclusion. I attempted reaching 5 other NYC-based employment attorneys and all others either didn't respond or had me bouncing between secretaries only to finally send me an intake form anyway. Steven not only responded immediately and in person, but was able to schedule me for a consultation the same day, which was critical given a deadline I had to meet. Our meeting took place punctually at the time scheduled, Steven helped me with my inquiry, explaining all the legal language and answering all my questions exhaustively. He was perfectly clear, thorough, respectful, honest, and patient. He generously sent me one of his bestselling books free of charge, and offered me a free 30 min follow-up consultation on account of our meeting not filling the hour (though it did run well over half hour and was the best price I could find anywhere to begin with). Simply outstanding. You will not easily find another attorney like this anywhere.
    dxr4315
    Steven is excellent. Helped me resolve an employment situation within a day. He was fast, punctual, honest, clear, respectful, kind, and patient with me. He answered my many questions and helped me carefully with the specifics. I felt very taken care of and confident in how I handled my work situation based off his advice which resulted in significantly more favorable terms than if I had done it on my own. I'd be more than happy to utilize his services again in the future. I appreciate the book as well, which I received right away despite being on the opposite coast - it's tremendous. I'm grateful to have been referred to him for what I needed. Thank you, Steven.
    Allie
    I’m incredibly grateful for Steven’s help during a very stressful employment situation. From the start, he was kind, knowledgeable, and reassuring, and he explained everything clearly so I always felt informed and supported. Steven identified the key legal issues quickly and helped resolve my matter in less than 24 hours, which was such a relief during an otherwise overwhelming time. I truly appreciated his honesty, responsiveness, and calm, steady guidance throughout the process. I would highly recommend Steven to anyone looking for thoughtful and effective employment law counsel.
    Alicia Shuster
    Steven is very knowledgeable, direct and efficient. I really appreciated that he was very direct about my prospects from the first discussion and he never wasted my time. If you’re looking for a straight-shooter that will focus on resolution with efficiency I highly recommend him.
    Response from the owner:Alicia, your review is very much appreciated. Please feel free to get in contact if you have any other employment matters to resolve.

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