Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” says Governor Andrew Cuomo’s legislation that would crack down on nail salons which exploit their workers or operate without a license will provide much-needed protection for the employees who work in dangerous conditions while not being justly compensated.
Category: On-the-Job Issues
On-the-Job Issues explained by New York Employment Lawyer Steven Mitchell Sack
NYC Employers Fined for Not Allowing Employees Sick Leave
Last year, Mayor de Blasio signed into effect new sick leave laws that would offer employees greater protection by expanding the previous legislation. Recently, companies such as Best Buy and FedEx have been fined for not complying with the law that went into effect last April.
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Should You Be Compensated for Time Spent in Workplace Security Checkpoint?
Recently, the United States Supreme Court ruled that companies are not obliged to pay employees for the time they spend undergoing security checks at the end of their shifts.
The case presenting the issue of overtime pay involved the elite online marketplace Amazon.com and employees of a company in Nevada responsible for processing and shipping amazon purchases. Specifically, the employees of the Nevada company had sued the company for back wages and overtime pay. They claimed that they should have been compensated for time spent in security screenings. While the employees claimed that such screenings, designed to prevent against theft, took up to 30-minutes, Amazon maintained, that the screening process is designed to take 90-seconds per employee.
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United States Supreme Court to Take on Pregnancy in the Workplace
The United States Supreme Court is scheduled to hear a case (Young v. UPS, 12-1226) that has the potential to affect how pregnant workers are accommodated in the workplace.
The case involves popular package and parcel shipping company, UPS, and a female employee who had been working as a driver in Landover, Maryland. After becoming pregnant in 2006, the employee submitted a doctor’s note backing her request for a temporary assignment to avoid lifting heavy packages.
UPS declined to accommodate the employee and doctor’s request, reiterating its policy that drivers must be able to lift packages weighing up to 70 pounds.
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Are You Eligible for Overtime Pay in New York?
The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements for guaranteed overtime for all hours worked over 40 in a single week (or daily overtime limits set by New York overtime laws). If your work involves manual labor (such as construction worker, factory attendant, cashier, etc.) you most likely fall within the protections of overtime law.
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Army Found to Have Unlawfully Discriminated Against Transgender Employee
In a recent groundbreaking decision announced on October 23, 2014, the United States Office of Special Council found that the United States Army discriminated against a transgender civilian worker who transitioned from male to female.
According to the report, the employee, a disabled vet, was working in the U.S. Army Aviation and Missile Research, Development and Engineering Center (“AMRDEC”) in Redstone, Alabama, when she transitioned from male to female in 2010. During that time, the Office of Special Council found that her employer engaged in a several discriminatory practices including, improperly restricting her restroom usage, referencing her with male pronouns, excessively monitoring her conversations with coworkers, and not giving her work.
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Employee or Independent Contractor? How Some Employers Are Committing Wage Theft
A September 1, 2014 report by the New York Times, revealed an increase in lawsuits across the nation, charging various employers of violating minimum wage and overtime laws. Some of the allegations include erasing work hours and wrongfully taking employees’ tips.
Both federal and state officials argue that more companies are violating wage laws than ever before. Officials speculate that these violations are motivated by competition and higher profits. However, another argument supposes that the structure of these businesses essentially incentivizes wage theft due to their organizational structure.
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LinkedIn to Pay Millions for Overtime Labor Violations
The popular professional social media networking service, LinkedIn, has recently agreed to pay almost $6 million in unpaid wages and damages to 359 current and former employees.
According to the U.S. Department of Labor, an investigation found LinkedIn Corp. in violation of overtime and record-keeping rules pursuant to the federal Fair Labor Standards Act (FLSA). It said the violations occurred at company branches in California, Illinois, Nebraska and New York.
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Paid Sick Leave Law Now In Effect for New York City
New York City has become the latest city to adopt a paid sick leave law that will guarantee paid time off for many NYC employees. The law is expected to affect up to 500,000 employees.
On March 20, 2014, Mayor Bill de Blasio signed into law The NYC Paid Sick Leave Act. The new rules and regulations went into effect on July 30th 2014.
So how does the new paid leave law affect employees?
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Victims of Unfair Wage and Benefit Practices See Increased Effort by State of New York
Already in the first half of this year (2014), the New York Department of Labor has recovered and dispersed over 16.4 million in wages, interest, and damages, on behalf of workers who were improperly subjected to unfair wages and insufficient benefits.
According to the Department of Labor (DOL), officials have completed approximately 5000 cases in 6 months alone, representing a nearly 50% increase from the amount of cases completed within the same time frame last year.
