Under federal law, there are two primary kinds of paid workers: employees, and independent contractors. And whether intentionally or accidentally, employers are mixing up the two, to the detriment of their own workers. Being misclassified can have major financial and legal implications to an employee, and it’s important to know what to do if you think you’ve been misclassified. Continue reading “The Scourge of Misclassified Employees”
Category: On-the-Job Issues
On-the-Job Issues explained by New York Employment Lawyer Steven Mitchell Sack
What is the “Right to Work?”
When people talk about labor law and unionization, one of the arguments that often comes up is about the so-called “right to work.” It’s often brought up as one of the reasons not to unionize, and “right to work” legislation has been passed in many states throughout the country. But what, exactly, is the “right to work,” and why do union organizers hate it so much? Continue reading “What is the “Right to Work?””
When Employment Discrimination Gets Sneaky
When people think of employment discrimination, whether based on gender, race, age, sexuality or disability, they usually have a specific picture of what that looks like. They imagine bigoted tirades or inappropriate physical contact, or managers or executives outright declaring their refusal to treat certain kinds of people as equals. That said, with employers now more conscious of lawsuits than ever, discrimination can often take more subtle forms. Continue reading “When Employment Discrimination Gets Sneaky”
Can My Employer Really Look at My Credit History?
When people think about what an employer might examine to evaluate their employees, they think of things like their resume or curriculum vitae, their references, their criminal background check or even how they dress. However, many employers now add an additional step to their employee evaluation process: a credit check. Most people may be surprised to discover an employer can do this, and they’re probably curious as to why. Continue reading “Can My Employer Really Look at My Credit History?”
The Problem of Wage Theft
When you get hired for a job, the terms of your employment are supposed to be laid out for you before you agree to be hired. This includes your benefits, your hours, your vacation and sick days, and of course, your wages. However, not every employer will stick to their end of the bargain. Some will choose not to pay overtime or will refuse to pay for all the hours you worked, or they’ll deny you sick days or vacation days that you’re entitled to. Some will refuse to pay you your last paycheck when you leave, and some may “forget” to pay you at all. Continue reading “The Problem of Wage Theft”
Amendment to NYC Human Rights Law For Reasonable Accommodation Requests
A recent amendment to the New York City Human Rights Law now requires employers to handle employee requests for reasonable accommodations in a specific manner. The New York City Council amended the law, which takes effect on October 15, 2018, in response to employers’ failure to acknowledge and appropriately handle requests for reasonable accommodations by their employees. The amendment requires employers to participate in a cooperative discussion with an employee who needs accommodations for:
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Paid Sick Leave Law
Under New York City’s Paid Sick Leave Law (PSLL), which is enforced by the Department of Consumer Affairs (DCA), any employer with five or more employees must provide paid sick leave, while those with four or less employees are required to only provide sick leave. The law covers all employees who work more than eighty hours per calendar year and either live or work in New York City. Attending client meetings in New York City constitutes “working in New York City.” This law covers workers that are:
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Pregnancy Discrimination
The Pregnancy Discrimination Act (PDA) was created to protect women from workplace discrimination due to her pregnancy. Pregnancy discrimination in the workplace may involve any of the following:
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Misclassifying Employees as Independent Contractors
Across the country, more employers are hiring individuals on an as-needed basis. This often leads to denying workers benefits such as health insurance, overtime, and sick pay, among others. Hiring employees on an as-needed basis may be a violation of the Fair Labor Standards Act (FLSA). The Department of Labor has set forth a legal test to determine whether or not a worker is considered an employee or a contractor.
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Sexual Harassment Claims Continue to Accumulate Against the World’s Most Powerful
Recently, there have been multiple accusations of sexual misconduct against some of the world’s most powerful and famous people, including Harvey Weinstein, Louis C.K., and Matt Lauer. These accusations demonstrate instances of sexual misconduct in the workplace where a person of authority uses his or her position to make unwanted sexual advances or sexual requests in exchange for something. Any form of direct or indirect unwelcomed or inappropriate conduct results in a hostile work environment. Some examples of the most common types of sexual misconduct that result in a hostile work environment include:
Continue reading “Sexual Harassment Claims Continue to Accumulate Against the World’s Most Powerful”
