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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

Sexual Harassment in The New York City Hospitality Industry

New York City is an icon for the rich and famous.  It is also known for its extravagant restaurants and exclusive nightlife. However, for many young women and men working in the NYC hospitality industry, incidents of sexual harassment are very common.  According to a recent report, 8 in 10 hospitality workers have experienced being sexually harassed.

There are many federal laws, as well as many state statutes and city ordinances that govern sexual harassment in the workplace.  According to the law, any unwelcome sexual advances, comments or actions constitute sexual harassment. Advances may be by a co-worker, supervisor, or anyone else in a place of authority. When a person brings an issue of sexual harassment to the attention of a superior or boss, the employer is responsible for addressing the problem and taking action. If not, an employer will be liable regardless of being directly involved in the sexual harassment.
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Study Shows Gender Pay Gap Widens When Taking Bonus Pay into Account

ADP Research Institute® announced it recently released the Rethinking Gender Pay Inequity in a More Transparent World study, which found that the pay gap that currently exists between men and women increases when bonus pay is added into the mix.

The study, which followed 11,000 exempt new hires – both male and female – who worked for the same company from the quarter of 2010 to December 2016, found that, on average, men earn $15,000 more in base salary than women do, which is a 17% discrepancy. When bonus pay is included, bonuses for men are 69% greater, widening the overall pay gap to 19%.
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Inflammatory Bowel Disease May Result In Reasonable Accommodations

According to the Crohn’s & Colitis Foundation of America (CCFA), there will be an estimated 1.6 million new cases of inflammatory bowel disease diagnosed in the United States this year. Inflammatory bowel disease is an umbrella term that refers to intestinal disorders that cause prolonged inflammation that result in anemia, ulcers, diarrhea, bowel obstructions, colon cancer, fistulas, and malnutrition.

The American with Disabilities Act (ADA), prohibits discrimination against individuals with a qualified disability. The ADA applies to employers with 15 or more employees.  Federal employees are afforded protections under the Equal Employment Opportunities Commission (EEOC). In addition, the New York Human Rights Law (NYHRL) provides, “It shall be an unlawful discriminatory practice for an employer to refuse to provide reasonable accommodations to the known disabilities of an employee.” (Executive Law 296(3).)
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LGBTQ Workplace Discrimination

Throughout the past few decades, North American society has become diverse. While many employers are able to see the benefits in honing a diversified team, these wide-spread movements towards equality in the workplace are raising concerns about maintaining the status-quo when welcoming LGBTQ employees into their ranks.

If you or someone you know has fallen victim to workplace discrimination based on sexual orientation or sexual identity, it is important to consult a skilled employment law attorney who can fight to enforce the rights you are entitled to. The Employee’s Lawyer™, Steven Mitchell Sack, has successfully handled thousands of employment law cases for more than 38 years and will help guide you through all aspects of employment law. To schedule a consultation, call our office at (917) 371-8000 or fill out his contact form.

Paid Bereavement Leave

Bereavement leave refers to when an employee takes time off of work to grieve and mourn the loss of a spouse, child, or close family member. There are only two states which offer some form of bereavement leave to its workers, which are Oregon and Illinois. However, New York may become the third state to offer a form of bereavement leave.
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The Job Interview: Questions that are Necessary and Questions that are Off-limits

Interviewing for a job can be nerve-wracking. While the complexities of the interview process can deter your attention away from essential legal concepts, it is important to be attentive to what the interviewer is asking, especially in a legal sense. Potential employers should understand what they can and cannot ask of an applicant, but some may fail to recognize the severity of asking a discriminatory question. Questions along the following lines should always be avoided:
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What Federal Laws Protect You in the Workplace?

The United States has developed a system of laws and regulations that have contributed to safeguarding an employee’s status in the workplace. These laws protect employees from illegal hiring and firing and allow employees to bring civil cases in court against their employers for unfair labor practices. Federal statutes pertaining to employment law include, but are not limited to:

  • Fair Labor Standards Act;
  • Family and Medical Leave Act;
  • Civil Rights Act of 1964; and
  • Americans with Disabilities Act.

Continue reading “What Federal Laws Protect You in the Workplace?”

Minimum Wage Hike

In April 2016, Governor Andrew Cuomo signed a bill into law that would gradually increase the minimum wage in New York to $15 an hour. The legislation grouped New York into three different geographic areas: New York City, Long Island and Westchester, and the remainder of New York State. The hike in wages for each area will vary based on the geographic area an individual is employed in.
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New York City Council Passes Stop Sexual Harassment Act

Recently, the New York City Council passed a comprehensive package of legislation that aims to combat and prevent sexual harassment in the workplace called the Stop Sexual Harassment Act. The Act seeks to amend the New York City Human Rights Law (NYCHRL), as well as the New York City Charter. The Stop Sexual Harassment Act is currently with Mayor Bill de Blasio who is expected to sign the bill into law. Continue reading “New York City Council Passes Stop Sexual Harassment Act”

5 Workplace Laws Employees Need to Understand

Employment at Will

An at-will employee generally has no right to their job. Many employees believe that there are laws that protect them from being fired without reason or notice, but those employees are wrong. Being an at-will employee means that, absent a contractual relationship, your boss does not have to provide you the benefits of such protections as notice or reason for termination. While this may be discouraging news, this also allows you the benefit of quitting your job with no notice or no reason as well.
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    What’s Happening at The Law Offices of Steven Mitchell Sack

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    Hart Schwartz
    "I am an attorney, and I can say that Mr sack did an outstanding job in negotiating a severance agreement. He picked up the phone and made a call, something simple, timely and effective that no other attorney would do. Mr. Sack was effective, to the point, he always followed up, and he got me a better result than any other attorney would have.

    He exceeded expectations, and I am very grateful that I hired him.

    I would recommend him to any employee involved in a sensitive situation where diplomatic negotiation and communication is needed. He kept me very well informed about the progress of my case and obtained a very satisfactory negotiated formal written severance agreement, which is one of his specialties."
    Response from the owner:Thank you very much for your review. Please keep us in mind if you ever have any other employment law matters you need assistance with.
    John Koetzle
    The best contract lawyer out there. Responsive compassionate and got results results fast. Unbelievable contract lawyer best in NYC.
    Response from the owner:Thanks for your review. Please feel free to call back if you ever have any need of representation in any future employment law matters.
    Byron Echeverria
    I had the pleasure of working with Steven on my separation agreement, and I couldn’t be more grateful for his expertise and dedication. From the very beginning, he provided clear, strategic guidance, ensuring that my rights were fully protected. He took the time to answer all my questions, kept me informed at every step, and negotiated effectively on my behalf. His attention to detail and deep understanding of employment law helped me secure an exceptional outcome. I highly recommend Steven!
    Response from the owner:Thank you for your review. We are glad you were satisfied with your representation, and hope you contact us if you ever have need of representation again.
    Swagata Biswas
    I had a great experience working with Steven Sack recently relating to a recent job separation from my former employer. He is straight to the point, very knowledgeable, and easy to work with. I absolutely recommend his services to anyone that needs an employment attorney.
    Response from the owner:Thanks for your review. If you ever need any future counsel on employment law matters, please feel free to contact us again.
    Arif Khan
    Response from the owner:Thank you for your review. Please keep us in mind for any future employment or labor issues you may have.
    Zarina Parnas
    It was a pleasure to work with Mr. Sack. He addressed my concerns promptly and honestly, and was always accessible when I had any questions or concerns. Mr. Sack worked both for me, and with me, keeping me abreast of any and all updates to my matter. I did not even have a chance to worry as he was always on top of every detail! His communication and organizational skills are exceptional. I wholeheartedly recommend Mr. Sack for all of your employment needs.
    Response from the owner:Your review is very much appreciated. Please feel free to reach out again if you ever need further use of our services.
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