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Category: On-the-Job Issues

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

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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Former Employee Loses Job After Reporting Discrimination

As an employee, you spend much of your time and energy dedicated to your work and career. In return, you expect compensation but you also expect to be treated fairly, honestly and with respect. Unfortunately, workplace discrimination occurs all too often around the country and it acts a reminder of the difficulties many employees have to face.

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College Athletes Petition to Become Union

For the first time in history, college athletes are petitioning to be represented by labor unions and have taken the first step in the process of being recognized as employees under the National Labor Relations Act.

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New Act May Affect Commercial Goods Transportation Contractors in NY

Gov. Andrew Cuomo signed an act earlier this year that will have a significant impact on employers in the transportation industry by changing the tests used to determine whether a worker is an employee or an independent contractor. The act, titled the “New York State Commercial Goods Transportation Industry Fair Play Act,” takes effect on March 11 and amends the New York Labor Law.

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Domino’s Employees Back at Work before the 2013 Holidays

Attorney General Eric T. Schneiderman, announced in December 2013 that an agreement has been reached to reinstate 25 employees before the end of the holiday season. The employment of the workers ended suddenly, earlier in the month, following wage dispute with store management.

“Because of this agreement, 25 workers will be back to work in time for the holidays,” said Attorney General Schneiderman.

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Golf Course Accused of Age Discrimination by Former Employee

Ramon Alcantara, a former employee of Pebble Beach Co. for over 20 years, alleges he was fired as a result of age discrimination late in 2013. According to the complaint, Alcantara, who is over 55 years of age, injured his back while replacing a 50-pound pump motor at the beach and tennis club.

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Haitian Nurse Sues New York Hospital for Racial Discrimination

Diana St Gerard, 64, a nurse in the mental health unit at Mercy Medical Center in Rockville Centre, Long Island claims that she was mocked by colleagues who said her Haitian accent was “irritating.” More importantly, Ms. St Gerard alleges that she was fired after complaining that several white staffers discriminated against her, minority patients and their families. She went on to explain that a co-worker even mocked her with a voodoo doll because of her nationality.

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Maryland Hooters Waitress Claims Race Discrimination Over Hair Color

While many would think a Hooters waitress would have a charge for sexual assault pending, a former waitress of the chain has a legal matter of a different kind: a civil rights action. Farryn Johnson, 25, alleges she was fired from her job as a waitress at the Hooters restaurant after she was told by managers that her hair color violated the employee image standards.

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New Jersey Limits Employer Access to Employees’ Social Media Accounts

A new law which took effect on December 1, 2013 makes New Jersey the latest of a growing number of states – including Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada, New Mexico, Oregon, Utah and Washington – that prohibit employers from requesting access to the social media accounts of current or prospective employees. The law also prohibits employers from retaliating or discriminating against any such individual who either refuses to provide such access or who complains about what he or she believes to be a violation of the law.

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New Amendment to New York Labor Law Includes Underage Models as Protected Class

On October 21, 2013, Governor Andrew M. Cuomo signed amendments to the New York Labor Law, Art. 4-A, §§ 150-154, the laws governing employment of child performers. The new law went into effect on November 20, 2013. The amendments expand coverage of the law to include runway and print models under the age of 18, a significant feat since these youngsters previously were not afforded the same protections as young entertainers such as child actors.

As a result of the new law, employers of child models (as well as their parents or guardians) will have additional responsibilities and obligations. Some of the most notable include:

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