Steven Mitchell Sack, Author at The Employee's Lawyer | New York Employment Lawyer

SAG-AFTRA Votes to Strike Against Studios and Streaming Services

The Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) voted to go on strike after failing to reach an agreement with movie and television studios, as well as online streaming services, over a number of issues. This comes just over two months after the Writers Guild of America (WGA) also went on strike due to exploitative business practices and low pay. The goal of these strikes is to obtain better pay and benefits for their members, including better residuals for streaming shows, as well as to curtail efforts by studios to exploit actors using AI and other similar technology.

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Seven Ways You May Experience Sexual Discrimination

Although Title VII of the Civil Rights Act of 1964 has prohibited employment-based sexual discrimination across the United States for decades, it remains a persistent issue in workplaces across the country. Approximately 20,000 people every year file sexual discrimination claims with the EEOC, with as many as 50,000 additional claims filed based on state or local statutes. Here are just seven of the ways you may experience sexual discrimination in your workplace:

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NYSDOL Issues Updated Regulations for State WARN Act

The New York State Department of Labor (NYSDOL) has issued final updated regulations on the implementation of the state’s Worker Adjustment and Retraining Notification (WARN) Act. These updated regulations are meant to help bring the WARN Act up to modern standards, as laid out in the update to the Act that was originally passed in 2021. This is especially important given the substantial changes that have occurred in the workforce over the past few years.

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What it Means to Organize for Better Working Conditions

One of the primary reasons that people will engage in labor organizing, including striking, is to help obtain better working conditions. In this way, they can make their job easier, safer, and more comfortable for themselves and everyone at their job. But what exactly does it mean to strike for better working conditions, and how can labor organizing help to achieve that?

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New NLRB Ruling Affects Who May Be Considered an “Independent Contractor”

In a recent decision, the National Labor Relations Board (NLRB) has changed how determinations will be made to determine whether a worker is an independent contractor or not. In previous decisions, the NLRB has said that it would prioritize the entrepreneurial opportunities of a worker to determine whether they qualify as an independent contractor. In this decision, however, they have said they will look to a wide variety of factors to determine if someone qualifies for that classification.

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NY Senate Approves Ban on Non-Compete Agreements in Employment Contracts

The New York State Senate has voted to ban all non-compete agreements for employees in the state. The law, Bill No. S03100 would, if also approved by the New York State Assembly and signed into law, make it illegal for employers to write provisions in their contracts that would prevent employees from working with competitors in the same field or keep them from starting their own businesses. The goal of this law is to encourage competition and prevent employers from coercing their employees into working for them against their will.

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Unions Liable for Intentional Property Damage Against Employers

In a recent ruling, the Supreme Court of the United States has held that labor unions may be held liable for “intentional property damage” against employers during a strike. The court ruled that the National Labor Relations Act (NLRA) does not preempt tort claims made against the union for property that was intentionally damaged or destroyed during a strike. This is seen as a blow to many unions, who may now face legal liability from employers seeking to intimidate them into silence.

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EEOC Addresses Growth of AI Use in Employment Decisions

The Equal Employment Opportunity Commission has issued new guidance on the use of so-called “Artificial Intelligence” or AI software in making employment decisions. This guidance seeks to explain how this sort of software can be used in an employment context, and is meant to help employers learn how to use AI without running afoul of the law. Employers should be careful when using AI tools to respect labor and employment law, and to avoid infringing on the rights of workers.

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What is Collective Bargaining, and How Can it Help You?

Collective bargaining is one of the most essential tools that workers have to protect their legal rights. Through collective bargaining, workers have historically been able to fight for better compensation, better working conditions, and to fight against abuses by their employers. But what is collective bargaining, and how can it help workers to improve their working conditions and get them better pay?

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What Does It Mean To Go On Strike In America?

What Does It Mean To Go On Strike In America?

If you have turned on the news or looked at the front page of the paper, I am sure you have heard about the Writer’s Guild of America (WGA) strike. Unions will go on strike for various reasons. The negotiation, reasons, and timing can vary, depending on the context of the terms that are being debated. With the WGA walking out on their jobs, it will affect those TV shows and films that are about to start or wrap up. You may have to wait to see what happens to your favorite characters until next fall. They definitely have the perfect timing for a strike, when so many loose ends are just about to be tied up until next season.

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