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Steven Mitchell
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Category: On-the-Job Issues

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

New York Imposes Emergency Mask Mandate For All Indoor Public Places

New York Governor Kathy Hochul has announced that, as of December 13, all public places in the state must require masks to allow people to enter. This mandate comes at the recommendation of the New York State Department of Health, which has noted a sharp increase in the number of COVID-19 infections and hospitalizations throughout the state. The mask mandate affects everyone over the age of two, although businesses may require proof of vaccination in lieu of a mask.

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NY Employers Now Required to Inform Employees of Electronic Monitoring

Under a new law set to take effect next May, employers in New York State would be required to inform employees in advance if they intend to engage in electronic monitoring of their workforce. This law, S2628, will have a substantial effect on employers that use various technologies to monitor their employees’ electronic communications, who currently do not need to tell their employees if they do so. Employers who violate this law may find themselves subject to investigation and fines by the New York Attorney General’s (AG’s) office.

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New EEOC Guidance Allows Employees to Sue For COVID-19 Retaliation

The Equal Employment Opportunity Commission (EEOC) has just issued guidance, clarifying that employees can seek a legal remedy in the event they suffer retaliation for reporting COVID-19 related violations. This means that anyone who suffers employment discrimination for reporting employers that violate COVID-19 labor protections can file a complaint with the EEOC or pursue litigation in court, as appropriate. This guidance has upset some employers, who fear a wave of lawsuits for alleged COVID-19 retaliation.

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What is a Union Election, and How Can You Hold One?

A critical part of the process of unionizing is holding what is known as a union election. Without it, you cannot legally form a union in the United States, and you cannot move forward with negotiating with your employer collectively. But what exactly is a union election, and how do you go about holding one in your workplace?

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NYSDHR No Longer Discontinues Complaints After Private Settlements

The New York State Department of Human Rights (NYSDHR) has announced that it has stopped the policy of discontinuing complaints about labor and employment violations after the parties have reached a private settlement. Supporters of the change say that it will help to prevent future labor and employment abuses. However, critics of the new policy say that it will harm people’s ability to obtain private settlements, dragging out cases for months or years and encouraging more employers to go to trial.

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OSHA To Create Rule Mandating Vaccination for Large Employers

The Occupational Safety and Health Administration (OSHA) has announced that it has begun the process to create an Emergency Temporary Standard that will require large employers to institute vaccination and testing procedures for COVID-19. The rule, if it successfully goes through the administrative process, would potentially result in mandatory vaccination for any affected companies, with weekly testing for anyone who cannot or will not be vaccinated. Early proposals for the rule also include potential fines for anyone who defies this mandate, as well as tax credits to help employers in complying with the new rule.

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Can Employers Monitor Employees in the Workplace?

As technology has advanced, it has become more and more common for employers to electronically monitor employees in the workplace. In addition, the tools that employers have to monitor employees have become more sophisticated, allowing extensive tracking of an employee’s activities throughout the workday. But are there any limits on this authority, and what can happen when an employer crosses the line?

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Five Ways Employers Illegally Interfere With Labor Organizing

Suffice it to say that most employers do not like the idea of their workers unionizing. In order to prevent their workers from organizing a union, they will go to extreme lengths to sabotage labor organizing efforts, sometimes in violation of the law. Here are just five of the ways that employers will break the law when trying to stop a labor union from organizing: Continue reading “Five Ways Employers Illegally Interfere With Labor Organizing”

When Does an Internship Stop Being an Internship?

Internships are an increasingly common way for young people, especially those looking to enter skilled professions, to get early experience before entering the workforce. As internships become more common, though, more employers look to interns as a way of getting unpaid labor from inexperienced young workers. Here are just a few of the ways an internship can turn into something more than the intern might have bargained for: Continue reading “When Does an Internship Stop Being an Internship?”

New Bill Would Allow Student Athletes to Form Unions

A new bill introduced in the United States Senate would allow student athletes to form unions and collectively bargain on their own behalf. If passed, it would give student athletes the unprecedented ability to negotiate contracts with their colleges and universities, and give them labor protections they currently lack. It would also allow them to personally benefit from the enormous amount of money they bring into the educational institutions they play for. Continue reading “New Bill Would Allow Student Athletes to Form Unions”

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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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    Jane Doe
    Made availability the same day I reached out for an initial consultation given an urgent situation, very responsive and honest
    Khalilah M
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    I wish I had found him earlier. He is absolutely excellent, honest, kind and respectful. He is a man of honor and integrity. He's doing this to truly help people, especially the vulnerable and underrepresented. When other lawyers only see dollar signs, he doesn't. He sees you as a person, and cares about you and your rights. Set up a consultation with him and you won't regret it.
    Response from the owner:Thank you for your review. Please keep us in mind for any future employment or labor issues you may have.
    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.
    Response from the owner:Thank you very much for your review. Please keep us in mind if you ever have any other employment law matters you need assistance with.
    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.
    Response from the owner:Happy to have been of assistance, Peter. If you ever need any future counsel on employment law matters, please feel free to contact us again.
    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.

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