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Author: Steven Mitchell Sack

Apple Reaches $25m Settlement Over Immigration Discrimination

Apple Inc., the major computer and cell phone manufacturer, has reached a $25 million settlement with the United States Department of Justice over claims that it illegally engaged in immigration discrimination against its employees. According to the settlement, Apple violated the Immigration and Nationality Act (INA) by favoring foreign workers over U.S. citizens, lawful permanent residents, or asylees. The settlement constitutes the largest settlement ever for immigration discrimination under the anti-discrimination clause of the INA.

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Employees Face Increased Issues Due to “Quiet Firing”

Some employers have been accused of increasingly engaging in tactics that have been referred to as “quiet firing.” This practice puts employees at risk of being effectively forced out of their jobs to prevent employers from needing to go through the process of firing employees. But what exactly is quiet firing, and why is it potentially illegal?

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Seven Ways You May Experience Sexual Harassment

Sexual harassment is a persistent problem that can affect any employee, regardless of gender, age, or sexuality. When it happens, it can make the workplace much more unpleasant, and may lead to both personal and professional consequences. Here are seven ways you may experience sexual harassment in the workplace:

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New York “Captive Audience” Ban Goes Into Effect

This past September, New York Governor Kathy Hochul signed a law that effectively bans so-called “captive audience” meetings from being conducted by employers. These meetings are often seen as an anti-union tactic intended to prevent employees from exercising their labor rights. Without this tool at their disposal, employers will need to resort to other means to curtail unionization at their workplaces.

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NLRB Issues Final Joint Employer Rule

The National Labor Relations Board (NLRB) has issued its final rule on determining whether two or more entities might be given joint employer status for a specific employee. The rule, which is set to go into effect on December 26, will significantly expand the number of people who may be considered to have joint employment. This may have significant consequences for many employees when it comes to issues like compensation, labor organizing, or holding employers accountable for labor or employment law violations.

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Employment Arbitration: Five Things You Need to Know

Many employers will use mandatory arbitration clauses in employment contracts to force their employees to settle certain legal matters in private arbitration. These clauses can have a significant impact on employees’ ability to assert their rights and pursue justice when they are affected by labor and employment law violations. Here are five things you need to know about employment arbitration:

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NY Law Restricts Employer Access to Personal Social Media

A New York law, recently signed by Governor Kathy Hochul, will make it more difficult for employers across the state to access the social media accounts of employees and job applicants. It also makes it illegal for employers to punish employees who refuse to share that information with them. This is intended to protect employees from abusive practices that might otherwise allow employers to monitor employees’ private or protected conduct.

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Seven Signs of Employment Retaliation You Should Watch For

Employment retaliation is when an employer takes action against an employee for reporting violations of labor or employment law, such as discrimination or harassment. Every employee is supposed to be legally protected against this behavior, but this does not stop dishonest employers from engaging in potentially illegal action against employees who report their misbehavior. Here are seven signs of employment retaliation you should watch out for:

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USDOL Steps Up Investigation of Starbucks for Unfair Labor Practices

A federal court has enforced a subpoena by the United States Department of Labor (USDOL) against Starbucks as it seeks to investigate the company’s efforts to interfere with labor organizing among its workers. More specifically, it is seeking documents related to spending the company may have done to interfere with an organizing campaign, which may indicate the company engaged in unfair labor practices. This is in spite of efforts by Starbucks to stymie the investigation, claiming that the USDOL was overstepping its authority.

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Governor Signs Law Making Wage Theft a Crime

On September 6, Governor Kathy Hochul signed a law that will make wage theft a crime under New York State law. Employers who intentionally deprive their employees of their hard-earned wages may now face a felony charge of criminal larceny. This is meant to curb the disturbing trend of wage theft, which has only become a greater problem over time.

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