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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 Sack

New York Court Rules Against Starbucks’ Employees in A Suit about Tips

If you are working at Starbucks and think your “shift supervisors” shouldn’t be sharing in your tips, then it may be time to move out of New York State and into Massachusetts.

The 2nd Circuit Court, whose jurisdiction extends to New York, Vermont and Connecticut, ruled against baristas in a class action claiming that their shift supervisors should not be allowed to grab a cut of their bounty under state labor law. In 2008, baristas Jeana Barenboim and Jose Ortiz sued Starbucks for more than $5 million on behalf of more than 5,000 of their fellow employees serving at 400 New York stores. They claimed that the chain’s corporate structure made them share their hard-earned tips with their “shift supervisors,” whom they alleged to be actually their bosses. This put the company in violation of New York Labor Law, according to the lawsuit.

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Five Effective Ways to Reduce Lawsuits Resulting from Incidents Occurring at Holiday Parties

According to the executive search firm Battalia Winston, 96% of corporations surveyed stated that they would hold holiday parties for their employees this year ― its highest level since 1997. That is up from 91% last year and 74% from two years ago. The survey also showed that 89% of the companies intended to spend the same as last year or more than last year.

For these companies, attorney Steven Mitchell Sack, “The Employee’s Lawyer,” suggests ways to minimize litigation that may arise from situations brought on during corporate holiday parties.

Mr. Sack’s tips include:

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New Statute Affecting Pregnant Women and Employers Scheduled to Take Effect January 30, 2014

Effective January 30, 2014, a new statute in New York City requires employers with four or more employees to provide reasonable accommodations to a pregnant employee or an employee recovering from childbirth or a related medical condition if the employee requests an accommodation and the accommodation will allow the employee to perform the essential functions of her job.

Specifically, on October 2, 2013, New York City Mayor Michael Bloomberg signed into law the New York City Pregnant Workers Fairness Act, Local Law 78 of 2013 and in the last few months, as part of its obligations under the new law, the New York City Human Rights Commission has released a written notice that employers must provide to:

• All new hires at the start of the employment; and
• All current employees on or before January 30, 2014

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Steven Mitchell Sack Offers Five Effective Ways to Reduce Lawsuits Resulting from Incidents Occurring at Holiday Parties

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” suggests ways to minimize litigation that may arise from situations brought on during corporate holiday parties.

Mr. Sack’s tips include:

  • Distribute a zero tolerance memo for sexual harassment. The document should define what constitutes inappropriate behavior and remind workers that anyone who commits sexual harassment before, during, or after the party will be subject to strict penalties, including possible immediate dismissal.
  • Consider making the party an alcohol-free event. If alcohol is served, then the company should hire experienced bartenders only (as opposed to volunteer company employees), who are trained to stop serving liquor to those who have imbibed too much. The company should also consider offering car service where applicable.
  • Schedule the party when office hours have concluded to avoid claims of failing to pay wages and overtime for hourly workers who attend the function or are required to attend.
  • Consider having the event at a location away from, or not affiliated with the company. This will reduce the risk of theft of company property, trade secrets, or other valuable assets that can go missing at such events.
  • Inform employees to act discreetly when taking pictures. Posting photographs on social networking sites that are provocative or embarrassing can be detrimental to the business. This is the not the kind of publicity any employer desires.
“The holiday season should be a time for celebration,” said Mr. Sack. “However, when rejoicing with colleagues during such festivities, employees should keep these instructions in mind. There is no need to ruin an enjoyable experience with unfortunate incidents that could have been easily avoided.

For more information, call (917) 371-8000 or visit sack.theprmg.com.

 

Steven Mitchell Sack Responds to Query on Hospital Worker’s Privacy Rights Regarding Illnesses

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” was recently interviewed by Newsday in which an operating engineer at a not-for-profit hospital asked if the employer was being intrusive about his ailments. Mr. Sack says the hospital has certain legal rights to be informed of a worker’s injury or illness, but must be careful not to use an employee’s health information when making human resources decisions.

The employee suffered a broken foot as the result of falling off a ladder. After missing six months of work, the employee returned with a doctor’s note that cleared the employee to return to work. However, the human resources specialist — who is also a physician’s assistant (PA) — wanted to see if the employee had regained enough strength in the foot that was broken by performing exercises by walking around the room.

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“The Employee’s Lawyer” Says Unpaid Interns Deserve Same Workplace Protection Rights as Paid Employees

Also Calls for Financial Compensation for Performing Certain Work Duties

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” says that college students who perform work duties at companies without pay should be extended the same protection from sexual harassment in the workplace as their paid counterparts. He says the fact that they are unpaid should not make them more susceptible targets of their co-workers’ or supervisors’ unwanted advances.

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Steven Mitchell Sack to Discuss Employees’ Privacy Rights Regarding Their Health Information on BronxNet’s “Today’s Verdict”

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” is scheduled to appear on tonight’s edition of “Today’s Verdict,” which airs at 6:30 p.m. on BronxNet.

Mr. Sack will discuss employees’ privacy rights when it comes to their employers, namely the employees’ health information. The topics include whether employers can collect their employees’ health information and possibly use it against them and how the workers and the company (in the interest of a business) can protect themselves from such conduct.

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Leading Employment Lawyer Says Investigation into Dunkin Donuts Franchise Illustrates the Importance of Not Underpaying its Employees

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” discussed the investigation into a Dunkin Donuts franchise in which the company was required to pay its employees back wages for work they have done.

The U.S. Department of Labor recently ordered QSR Management, a franchise operator based in Edison, New Jersey, to pay approximately $200,000 to 64 employees at its 55 shops for overtime and minimum wage violations. The agency found that QSR wrongly exempted its store managers from overtime, although the employees performed managerial duties that would entitle them to overtime.

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That Was My Idea!

As an employee, you want to do what’s best for your employer and your company. Consequently, you may suggest or propose more efficient ways of doing business or maybe a new idea in general to help the business and its profits. But what if you don’t get credit for such ideas or suggestions? Are you entitled to be compensated? Maybe, maybe not.

If you believe that you are entitled to receive compensation or recognition for an idea of yours or something you suggested, it is vital to get informed and know your rights as an Employee to ensure your legal rights are protected. Here’s a section of my book “The Employee Rights Handbook” that deals with just that.

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Leading Employment Lawyer Says NYS Court of Appeals Decision Will Impact All Servers in Food Service Industry

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” says the recent New York State Court of Appeals decision regarding baristas’ share of their tips may have a ripple effect on all servers in New York who work at bars, diners, restaurants and coffee shops.

Continue reading “Leading Employment Lawyer Says NYS Court of Appeals Decision Will Impact All Servers in Food Service Industry”

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    My experience with Steven Sack was similar to those that many others have had with him before. Honest, caring, communicative, and exceedingly knowledgeable. My legal troubles caused me a few sleepless nights and he was a Godsend in resolving my legal matter. He was my advocate through and through. If you are dealing with any issues regarding employment law, go to Steven!
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