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Category: On-the-Job Issues

On-the-Job Issues explained by New York Employment Lawyer Steven Mitchell Sack

New Law Prohibits Use of Credit Checks in Employment Decisions

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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Study Finds Employment Litigation Reached Seven Year High

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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Fifth Circuit Rules NLRB May Be Unconstitutional

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 Institutes Dress Code, Prompting Protest

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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Have You Been the Victim of Employee Misclassification?

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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USSC Holds “Preponderance” Standard in FLSA Case

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”

Seven Ways Employers May Engage in Wage Theft

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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What is Retaliation in the Context of Employment Law?

While laws like Title VII of the Civil Rights Act (Title VII) and the Americans with Disabilities Act (ADA) protect Americans from facing discrimination in the workplace, they also protect people from retaliation from their employers. Notably, this protection extends to all employees, not merely those who were originally discriminated against. But what exactly is retaliation in the context of employment law, and how might it affect you?

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What is Employee Misclassification, and Why Does it Happen?

Employee misclassification is a surprisingly common problem that employees face in every industry and at every income level. When it happens, it can cost employees a significant amount of money and place them in otherwise avoidable legal peril. But what exactly is employee misclassification, and why might it happen to you?

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NY Legislature Passes Retail Worker Safety Act (RWSA)

The New York State Legislature has recently passed the Retail Worker Safety Act, also known as the RWSA. This new law is meant to address the growing problem of workplace violence and harassment, particularly against retail employees, who are at increasing risk of being injured by angry customers. Among other things, it would require employers to implement standards and training to reduce the risk of harm to employees.

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    I have heard about Steven being exceptional, i.e real "employee attorney", straightforward and honest. Now, I have'd first hand experience working with him and can add to that he is also a remarkable human being - tough, and realistic, and a real pleasure to work with: he is returning calls 24/7 and get you the best deal you can possibly hope for!
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    I can only say good things about Mr. Sack. He helped me though a very difficult situation and everything worked out better than I could have imagined.
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    What stood out most was Mr. Mitchell's professionalism and attention to detail; Mr. Mitchell approached everything with care and precision, while also keeping communication straightforward and easy to follow.

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