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Category: On-the-Job Issues

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

New NLRB Ruling Affects Who May Be Considered an “Independent Contractor”

In a recent decision, the National Labor Relations Board (NLRB) has changed how determinations will be made to determine whether a worker is an independent contractor or not. In previous decisions, the NLRB has said that it would prioritize the entrepreneurial opportunities of a worker to determine whether they qualify as an independent contractor. In this decision, however, they have said they will look to a wide variety of factors to determine if someone qualifies for that classification.

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NY Senate Approves Ban on Non-Compete Agreements in Employment Contracts

The New York State Senate has voted to ban all non-compete agreements for employees in the state. The law, Bill No. S03100 would, if also approved by the New York State Assembly and signed into law, make it illegal for employers to write provisions in their contracts that would prevent employees from working with competitors in the same field or keep them from starting their own businesses. The goal of this law is to encourage competition and prevent employers from coercing their employees into working for them against their will.

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What Does It Mean To Go On Strike In America?

What Does It Mean To Go On Strike In America? 

If you have turned on the news or looked at the front page of the paper, I am sure you have heard about the Writer’s Guild of America (WGA) strike. Unions will go on strike for various reasons. The negotiation, reasons, and timing can vary, depending on the context of the terms that are being debated. With the WGA walking out on their jobs, it will affect those TV shows and films that are about to start or wrap up. You may have to wait to see what happens to your favorite characters until next fall. They definitely have the perfect timing for a strike, when so many loose ends are just about to be tied up until next season.

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WGA Goes On Strike Over Low Pay, Royalties

The Writers Guild of America (WGA) has gone on strike in protest against low wages and poor royalties throughout the film and television industries, which they say has made it nearly impossible for writers to make a living. In particular, they complain about a lack of royalties for “new media” such as streaming shows and movies, which they say they make almost no money from. In addition, there is increased suspicion towards the use of artificial intelligence (AI) as a replacement for writers and other artists, which they say may be used to devalue their work.

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What Are the Benefits of Unionizing Your Workplace?

Over the past couple of years, unionization has become increasingly popular across the United States, with an estimated 200,000 employees joining unions in 2022 alone. However, not everyone understands what benefits a union can bring, and wonder if unionization might be appropriate for their workplace. So what are the benefits of unionizing your workplace?

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“Right to Work” Law Repealed in Michigan

On March 24, 2023, Governor Gretchen Whitmer of Michigan repealed the state’s “right to work” law, helping to bring greater access to labor unions to people of her state. This law, which was originally passed in 2012, was meant to hinder the efforts of workers to unionize their fellow employees. With its repeal, however, labor organizers will have a much easier time bringing the protections of unions to their workplaces.

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Federal Appeals Court Says PTO is Not Salary

In a recently decided court case, the Third Circuit Court of Appeals has ruled that paid time off (sometimes referred to as PTO) earned through an employee’s job does not count as part of their salary. As a result, deductions made from an employee’s PTO by their employer does not violate the Fair Labor Standards Act (FLSA). This case is the first of its kind to be decided at the Circuit Court level, meaning it may influence how other similar decisions are made. Continue reading “Federal Appeals Court Says PTO is Not Salary”

Seven Signs Your Employer May Be Committing Wage Theft

“Wage theft” is the term used to describe any practice where an employer refuses to pay their employee the money they are legally owed. This set of practices is shockingly common, costing workers billions of dollars every year due to lost wages and other costs. Watch for these seven signs to see if your employer might be stealing from you or your fellow employees:

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Meat Packing Company Fined $1.5m For Child Labor Violations

One of the nation’s biggest meat packing companies, Packers Sanitation Services Inc. (PSSI), was forced to pay more than $1.5 million in civil penalties after it was discovered they illegally employed more than 100 underage workers in dangerous occupations. Their duties often involved cleaning dangerous tools and working with dangerous chemicals. The National Labor Relations Board said that the company’s child labor violations stretched across eight states, including Arkansas, Colorado, Indiana, Kansas, Minnesota, Nebraska, Tennessee, and Texas.

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Speak Out Act Set to Invalidate Nondisclosure Clauses in Employment Contracts

A new law, known as the Speak Out Act, will make it illegal for employers to put nondisclosure clauses or non-disparagement clauses in employment contracts. This will make it far harder for employers to silence employees who try to blow the whistle on labor or employment law violations. It will also limit the ability of employers to silence employees who are the victims of discrimination or harassment on the job.

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    What’s Happening at The Law Offices of Steven Mitchell Sack

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    Our Reviews and Client Feedback

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    Michael Mallett
    Steven was incredibly responsive in my situation, providing deep expertise around employment law and negotiation tactics. Even during the after effects of a snowstorm, he rushed me his book and took numerous calls. He was generous with his time, fair and direct with his guidance, but still allowed for situational understanding and getting to know me. Even though I did not need to retain his full service beyond a consultation, he still let me fully maximize the time he agreed to share and gave me the confidence I needed to handle the situation despite a very complicated SaaS tech situation. I was happy to share back with him that, even though the odds were very slim, his support did end up leading to a slight improvement in my case which is of course better than nothing.

    If you're looking for someone who truly knows the law, how to negotiate, and will do his best to fight for you - even if that's telling you the cold truth about your chances and still giving you support anyway as you ask - you need to call Steven!

    There are very few employment lawyer specialists I have learned with many friends in law and there even fewer with his track record.
    Peter Raczkowski
    Steven is simply phenomenal. From the moment I first tried to contact him through the consultation conclusion. I attempted reaching 5 other NYC-based employment attorneys and all others either didn't respond or had me bouncing between secretaries only to finally send me an intake form anyway. Steven not only responded immediately and in person, but was able to schedule me for a consultation the same day, which was critical given a deadline I had to meet. Our meeting took place punctually at the time scheduled, Steven helped me with my inquiry, explaining all the legal language and answering all my questions exhaustively. He was perfectly clear, thorough, respectful, honest, and patient. He generously sent me one of his bestselling books free of charge, and offered me a free 30 min follow-up consultation on account of our meeting not filling the hour (though it did run well over half hour and was the best price I could find anywhere to begin with). Simply outstanding. You will not easily find another attorney like this anywhere.
    dxr4315
    Steven is excellent. Helped me resolve an employment situation within a day. He was fast, punctual, honest, clear, respectful, kind, and patient with me. He answered my many questions and helped me carefully with the specifics. I felt very taken care of and confident in how I handled my work situation based off his advice which resulted in significantly more favorable terms than if I had done it on my own. I'd be more than happy to utilize his services again in the future. I appreciate the book as well, which I received right away despite being on the opposite coast - it's tremendous. I'm grateful to have been referred to him for what I needed. Thank you, Steven.
    Allie
    I’m incredibly grateful for Steven’s help during a very stressful employment situation. From the start, he was kind, knowledgeable, and reassuring, and he explained everything clearly so I always felt informed and supported. Steven identified the key legal issues quickly and helped resolve my matter in less than 24 hours, which was such a relief during an otherwise overwhelming time. I truly appreciated his honesty, responsiveness, and calm, steady guidance throughout the process. I would highly recommend Steven to anyone looking for thoughtful and effective employment law counsel.
    Alicia Shuster
    Steven is very knowledgeable, direct and efficient. I really appreciated that he was very direct about my prospects from the first discussion and he never wasted my time. If you’re looking for a straight-shooter that will focus on resolution with efficiency I highly recommend him.
    Response from the owner:Alicia, your review is very much appreciated. Please feel free to get in contact if you have any other employment matters to resolve.
    Debbie Dickinson
    Amazing Lawyer and very detailed about how to win your case and I won mine because of his guidance. Thank you Steven Mitchell Sack. Everyone should hire this attorney!
    Response from the owner:Your review is appreciated, Debbie. Please feel free to get in contact if you need anything else in the future.

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