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Category: On-the-Job Issues

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

New York Annual Wage Notice Requirement to be Discarded

New York’s annual wage notice requirement has been discarded, however other employee protections are in the process of being strengthened

Beginning in 2015, New York employers will no longer be required to provide annual wage notices to existing employees. The annual Wage Notice duty was imposed on employers as part of the Wage Theft Prevention Act (WTPA or Act), passed in 2010 to remedy supposed abuses of the state’s wage payment laws.

In particular, the WTPA required that all NYS employers provide written notice to existing employees detailing certain wage-related information between the time frame of January 1 and February 1 of each year.

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Rights of Pregnant Workers Clarified by the EEOC

In an effort to emphasize the fact that employers are legally prohibited from discriminating against workers because of past, present, or future pregnancies, the Equal Employment Opportunity Commission (EEOC) recently introduced new enforcement guidelines on pregnancy discrimination in the workplace. This is the first time the guidelines have been updated since 1983.

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NY Attorney General Addresses Job Recruitment Discrimination

Discrimination at work can often manifest itself well before a job seeker has had the opportunity to even secure full- or part-time employment.

Recently, the Office of the New York Attorney General, Eric Schneiderman, came to a series of agreements with five New York City-based employment agencies in an effort to resolve allegations of unlawful discrimination and predatory business practices.

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Executive Order Issued Banning Discrimination based on Sexual Orientation

President Obama announced on June 20, 2014 that he has signed an executive order to end discrimination in hiring based upon sexual orientation for federal contractors. The executive order will apply to any private businesses that enter into a contract with the United States government.

Title VII of the 1964 Civil Rights Act prohibits employers from discriminating against workers and job applicants based on sex, race, color, religion, or national origin. However, the act doesn’t expressly prohibit employer discrimination based on sexual orientation or gender identity bias.

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Federal Bill Proposal Seeks To Raise Overtime Threshold

In a combined effort to ensure overtime protections for low- and mid-wage salaried workers, Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, along with eight Senate officials, recently introduced the Restoring Overtime Pay for Working Americans Act.

Presently, the Fair Labor Standards Act (FLSA) guarantees a minimum wage and overtime pay for private-sector U.S. workers. However, many workers are considered “exempt” from the law, partly because of a salary threshold, $23,660 per year or $455 per week, which is specifically directed at managers and “professional” employees.

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Age Discrimination: L.I. Based Company Forced to Pay

A Melville insurance brokerage has agreed to pay $300,000 in back wages to settle a lawsuit accusing it of age-based harassment, discrimination and retaliation against three former employees. The suit was filed by the U.S. Equal Employment Opportunity Commission in July 2013.

The EEOC’s lawsuit charged that the company’s management made discriminatory age-related comments and refused to promote one of the claimants based on her age.

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New York City Employers Must Give Notice on Pregnancy Rights

At the start of the new year (2014), the Pregnancy Accommodation Law acted as a new amendment to the already-expansive New York City Human Rights Law (NYCHRL). The law took effect on January 30, 2014, for newly-hired employees and is about to take effect for existing and current employees on May 30th.

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National Labor Relations Board Imposes Decertification Penalties

Recently, the National Labor Relations Board (NLRB) showed they meant business when they ruled that nine workers who decertified their union in 2012 still had to pay it another year’s worth of membership dues because they sent in some of the paperwork too early. The NLRB ruling sent out a warning by the Federal government message was loud and clear:  if you are a worker who is trying to exit your union, dot every “i,” cross every “t” and double- and triple-check everything you do. Otherwise, it may cost you a lot.

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NYC Interns Now Protected

Over the past century, labor laws have evolved to protect many classes of individuals — including men, women and children.  US labor laws protections regulate workplace conditions including:  harassment and discrimination in the workplace, workers’ health, and minimum pay. However, in recent years, the social progress of employment protections have come under question regarding a specific group of people….interns. In late March 2014, interns in New York City were granted the rights and protections that they argue they so rightfully deserve.

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Pennsylvania Senator Proposes New Anti-Employment Discrimination Bill

Pennsylvania State Senator Daylin Leach proposed a bill in late March that would ban employment discrimination based on an applicant’s marital or familial status.

Profiling based on marital or parental status occurs when potential employers ask job applicants if they have children, plan to have children, or are married. Leach contends that all too often, a qualified applicant makes it to the final stages of the hiring process, only to be asked if they have children. If the answer is yes, the job suddenly goes to somebody else.

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    Katlinna Zhao
    Katlinna Zhao
    I had a great experience working with Steven Sack during my recent job separation. He was incredibly professional, knowledgeable, and genuinely cared about achieving the best outcome for me. Thanks to his expertise, we were able to secure additional benefits beyond my original severance package, for which I am truly grateful. Steven guided me through the entire process with clear communication and support, making a challenging situation much easier. I highly recommend them to anyone in need of a dedicated and effective advocate!
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    Gabriela Miller
    Highly professional and a wonderful attorney. Thank you.
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    Chris MacMurray
    Steve was amazing to work with. He is always available and follows up on email or phone calls immediately The process was fast and painless, and he helped me understand a number of things that I did not. I would recommend him highly, and he will be my sole source for employment law going forward. Thank You Steve!
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    Sandy James
    Steven was reliable, straightforward, empathetic, honest, dependable and pushed for what I asked for in my agreement with my employer. I thought his prices were reasonable. I felt like I was in good hands throughout a terrible work situation. Highly recommend his services!
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    Abraham Truzman
    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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    Dani Rodriguez
    Amazing lawyer, an even better person. He is straight and to the point, looking for the best for his clients. If you don't hire him, you're making a mistake
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