On-the-Job Issues explained by New York Employment Lawyer Steven Mitchell Sack
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.
Continue reading “Former Employee Loses Job After Reporting Discrimination”
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.
Continue reading “College Athletes Petition to Become Union”
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.
Continue reading “New Act May Affect Commercial Goods Transportation Contractors in NY”
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.
Continue reading “Domino’s Employees Back at Work before the 2013 Holidays”
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.
Continue reading “Golf Course Accused of Age Discrimination by Former Employee”
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.
Continue reading “Haitian Nurse Sues New York Hospital for Racial Discrimination”
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.
Continue reading “Maryland Hooters Waitress Claims Race Discrimination Over Hair Color”
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.
Continue reading “New Jersey Limits Employer Access to Employees’ Social Media Accounts”
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:
Continue reading “New Amendment to New York Labor Law Includes Underage Models as Protected Class”
If you are working at Starbucks and think your “shift supervisors” shouldn’t be sharing in your tips, then it may be time to move out of New York State and into Massachusetts.
The 2nd Circuit Court, whose jurisdiction extends to New York, Vermont and Connecticut, ruled against baristas in a class action claiming that their shift supervisors should not be allowed to grab a cut of their bounty under state labor law. In 2008, baristas Jeana Barenboim and Jose Ortiz sued Starbucks for more than $5 million on behalf of more than 5,000 of their fellow employees serving at 400 New York stores. They claimed that the chain’s corporate structure made them share their hard-earned tips with their “shift supervisors,” whom they alleged to be actually their bosses. This put the company in violation of New York Labor Law, according to the lawsuit.
Continue reading “New York Court Rules Against Starbucks’ Employees in A Suit about Tips”
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