On-the-Job Issues explained by New York Employment Lawyer Steven Mitchell Sack
Employees in a wide variety of industries work on commission, only earning money when they make a sale. While this type of wage is somewhat atypical, employees who earn commissions are entitled to their wages the same as anyone else. But what exactly are your legal rights when it comes to working on commission, and what happens if your employer fails to pay what they owe?
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Although women have long been a part of the American workforce, they nevertheless face significant challenges that their male counterparts do not. Among these hurdles is the ongoing problem of pregnancy discrimination, which can impair women’s ability to succeed in ways that men do not need to deal with. But how might pregnancy discrimination impact you, and what can you do about it? Continue reading “How Pregnancy Discrimination Could Impact You”
Under the Americans With Disabilities Act (ADA), along with other similar legislation at the state and federal level, disabled workers are afforded certain legal protections. These are meant to help you if you face problems at work due to having a physical or psychological disability. Here are some of the most essential rights you should know as a disabled worker:
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A new law is set to go into effect in New York State on April 18, which will prohibit employers from using credit checks when making employment decisions except in limited circumstances. The law is meant to protect employees from being discriminated against due to their financial circumstances. As a result, many workers will now have an easier time getting a new job or a promotion, due to the elimination of this hurdle.
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According to a study by Lex Machina, federal employment litigation has reached the highest levels they have been in seven years, since before the COVID-19 pandemic. This dramatic increase in litigation has been attributed to an increase in both discrimination cases and disability accommodation cases, which have risen dramatically since 2018. This shift is attributed partly to an increase of COVID-related disability claims, as well as other shifts in the law that have made it easier to sue for employment discrimination.
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In a ruling that has disrupted employment law throughout the United States, the Fifth Circuit of the United States Appeals Court found that the National Labor Relations Board (NLRB) may be unconstitutionally structured. This ruling undercuts the authority of the NLRB to make decisions on violations of the National Labor Relations Act (NLRA) and other related legislation. If upheld, it may even bring into question the continued existence of the NLRB and the applicability of its rulings.
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Starbucks, the major coffee house chain, has announced it would institute a new dress code for its employees, requiring them to all wear similar outfits underneath their iconic green aprons. However, the move has prompted a backlash from a labor union that is currently in negotiations with Starbucks, including over terms related to a potential dress code. The union has said that the move focuses on issues that impose additional requirements on employees while doing little to actually improve operations.
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One issue that is more common than most people realize is the problem of employee misclassification. When a worker is accidentally or intentionally misclassified, it can have a significant impact on their legal protections, their compensation, and even potentially their tax liability. But what exactly is employee misclassification, and how can you tell if it has happened to you?
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In a recent ruling, E.M.D. Sales, Inc. v. Carrera, the US Supreme Court held that a “preponderance of the evidence” is the appropriate legal standard to determine if an employee is exempt under the Fair Labor Standards Act (FLSA). This is compared to the standard the respondent advanced, which is the much more stringent “clear and convincing evidence” standard. This means that it may be much harder for employees to prove they should be entitled to overtime pay. Continue reading “USSC Holds “Preponderance” Standard in FLSA Case”
Wage theft is the broad term for when employers refuse to pay employees what they are legally owed for their work. This is a disturbingly common problem, resulting in billions of dollars in losses to employees who are denied their rightly earned wages and benefits. Here are seven ways employers may engage in wage theft:
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