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The Employee’s Lawyer®

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Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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Category: On-the-Job Issues

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

New Statute Affecting Pregnant Women and Employers Scheduled to Take Effect January 30, 2014

Effective January 30, 2014, a new statute in New York City requires employers with four or more employees to provide reasonable accommodations to a pregnant employee or an employee recovering from childbirth or a related medical condition if the employee requests an accommodation and the accommodation will allow the employee to perform the essential functions of her job.

Specifically, on October 2, 2013, New York City Mayor Michael Bloomberg signed into law the New York City Pregnant Workers Fairness Act, Local Law 78 of 2013 and in the last few months, as part of its obligations under the new law, the New York City Human Rights Commission has released a written notice that employers must provide to:

• All new hires at the start of the employment; and
• All current employees on or before January 30, 2014

Continue reading “New Statute Affecting Pregnant Women and Employers Scheduled to Take Effect January 30, 2014”

Steven Mitchell Sack Offers Five Effective Ways to Reduce Lawsuits Resulting from Incidents Occurring at Holiday Parties

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” suggests ways to minimize litigation that may arise from situations brought on during corporate holiday parties.

Mr. Sack’s tips include:

  • Distribute a zero tolerance memo for sexual harassment. The document should define what constitutes inappropriate behavior and remind workers that anyone who commits sexual harassment before, during, or after the party will be subject to strict penalties, including possible immediate dismissal.
  • Consider making the party an alcohol-free event. If alcohol is served, then the company should hire experienced bartenders only (as opposed to volunteer company employees), who are trained to stop serving liquor to those who have imbibed too much. The company should also consider offering car service where applicable.
  • Schedule the party when office hours have concluded to avoid claims of failing to pay wages and overtime for hourly workers who attend the function or are required to attend.
  • Consider having the event at a location away from, or not affiliated with the company. This will reduce the risk of theft of company property, trade secrets, or other valuable assets that can go missing at such events.
  • Inform employees to act discreetly when taking pictures. Posting photographs on social networking sites that are provocative or embarrassing can be detrimental to the business. This is the not the kind of publicity any employer desires.
“The holiday season should be a time for celebration,” said Mr. Sack. “However, when rejoicing with colleagues during such festivities, employees should keep these instructions in mind. There is no need to ruin an enjoyable experience with unfortunate incidents that could have been easily avoided.

For more information, call (917) 371-8000 or visit sack.theprmg.com.

 

Steven Mitchell Sack Responds to Query on Hospital Worker’s Privacy Rights Regarding Illnesses

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” was recently interviewed by Newsday in which an operating engineer at a not-for-profit hospital asked if the employer was being intrusive about his ailments. Mr. Sack says the hospital has certain legal rights to be informed of a worker’s injury or illness, but must be careful not to use an employee’s health information when making human resources decisions.

The employee suffered a broken foot as the result of falling off a ladder. After missing six months of work, the employee returned with a doctor’s note that cleared the employee to return to work. However, the human resources specialist — who is also a physician’s assistant (PA) — wanted to see if the employee had regained enough strength in the foot that was broken by performing exercises by walking around the room.

Continue reading “Steven Mitchell Sack Responds to Query on Hospital Worker’s Privacy Rights Regarding Illnesses”

“The Employee’s Lawyer” Says Unpaid Interns Deserve Same Workplace Protection Rights as Paid Employees

Also Calls for Financial Compensation for Performing Certain Work Duties

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” says that college students who perform work duties at companies without pay should be extended the same protection from sexual harassment in the workplace as their paid counterparts. He says the fact that they are unpaid should not make them more susceptible targets of their co-workers’ or supervisors’ unwanted advances.

Continue reading ““The Employee’s Lawyer” Says Unpaid Interns Deserve Same Workplace Protection Rights as Paid Employees”

The Weekends are for Fun!…..Or Are They?

As an employee, you have many responsibilities. As a result, you treasure the time you have off to enjoy your life with family and friends doing the things you love to do. A nice vacation, a golf outing, or maybe just a day at home relaxing are all activities many employees look forward to during the year. But can an employer monitor your activities and penalize you for legal activities outside the office? The answer is more complex than you would think.
Here’s a section of my book The Employee Rights Handbook. Get informed and know your rights!

Continue reading “The Weekends are for Fun!…..Or Are They?”

Can Your Employer Legally Be a Snoop?

As you’re at work, it is likely you send many emails a day, perhaps even a few personal emails. As a result, employees wonder about an important question: Whether during a break or during your paid time, is it ok for your employer to look through your emails or other correspondence without your permission? The answer is not so simple. Employers have more rights than you would think when it comes to snooping around in your work email, however, the laws vary from state to state and largely depend on the company’s written policies and contracts with its employees. Yet that doesn’t mean as an employee, you are not protected. Employees still have rights, and it is vital that you understand yours.

Here’s a section of my book “The Employee Rights Handbook” that deals with the “do’s” and “don’ts” when it comes to what an employer can look at. Get informed and know your rights to see if your employer is crossing the line!

Continue reading “Can Your Employer Legally Be a Snoop?”

The Limits to an Employer’s Search

An employer has certain rights to manage his/her business as he/she seems fit, and to ensure a safe working environment. However, an employee, as well as a private individual has certain privacy rights that the law protects. So where is the line drawn between what an employer is allowed to search for and where? And when does an employer’s actions cross the line regarding a search.

As an employee, it is vital to know your rights and to know what to look out for as possible violations by an employer. Here’s a section of my book “The Employee Rights Handbook” that deals with this area of the law and gives you a glimpse into what kind of questions you should be asking yourself to ensure your employer’s actions are legal. Get informed and know your rights!

Continue reading “The Limits to an Employer’s Search”

Can You Trust A Potential Employer? Here Are Some Tips!

Finding a job is hard enough without having to worry about the integrity of your employer. However, the amount of scams out there is numerous and if a potential employee is not careful, they can be the victim of one that can have major consequences for their career. It is vital to get informed and know what to ask and look for in a potential employer.

Here’s a section of my book “The Employee Rights Handbook” that deals with tips an employee should know before taking any position at a company. Get informed and know your rights to see how these laws may affect you!

Continue reading “Can You Trust A Potential Employer? Here Are Some Tips!”

The Employer’s Responsibilities Regarding Immigration

The Employer’s Responsibilities Regarding Immigration

Immigration is a controversial topic, especially in the last ten years. And no matter what side of the spectrum you are on, there is one thing for sure: the law is the law.

Here’s a section of my book “The Employee Rights Handbook” that discusses inspections and employer’s immigration law requirements.

Continue reading “The Employer’s Responsibilities Regarding Immigration”

Unemployment Hearings 101

Many people who are fired forfeit valuable unemployment insurance benefits. This is because they do not know how to act or represent themselves properly at unemployment hearings. Many are told by unemployment personnel that a lawyer or other representative is not required and that preparation for the hearing is unnecessary. They then attend the hearing and are surprised to learn that the employer is represented by experienced counsel who has brought witnesses to testify against their version of the facts. Other people lose at the hearing because they do not know the purpose of their testimony or what they must prove to receive benefits.

For you to ensure you’re not one of the countless individuals that fall within this trap, it is crucial you get informed and know what is expected of you, and your rights.

Continue reading “Unemployment Hearings 101”

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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!
    Gabriela Miller
    Gabriela Miller
    Highly professional and a wonderful attorney. Thank you.
    Chris MacMurray
    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!
    Sandy James
    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!
    Abraham Truzman
    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!
    Dani Rodriguez
    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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