On-the-Job Issues explained by New York Employment Lawyer Steven Mitchell Sack
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?
Continue reading “What is a Union Election, and How Can You Hold One?”
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.
Continue reading “NYSDHR No Longer Discontinues Complaints After Private Settlements”
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.
Continue reading “OSHA To Create Rule Mandating Vaccination for Large Employers”
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?
Continue reading “Can Employers Monitor Employees in the Workplace?”
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”
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?”
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”
Anti-discrimination laws, like Title VII of the Civil Rights Act and the Americans With Disabilities Act, prohibit employers from discriminating against their employees due to reasons such as race, gender, color, creed, national origin, and disability status. What many people do not know, however, is that these protections also extend to people who are retaliated against for reporting discrimination. But what is retaliation in the context of discrimination law, and why is it protected against? Continue reading “What is Retaliation in Discrimination Law?”
As vaccines for the coronavirus have been developed, and are now in the process of being delivered, some employers have begun to contemplate mandatory vaccination policies. If these were implemented, it could significantly affect employees across many fields, especially essential workers who are much more likely to be exposed to the virus. But what would a mandatory vaccination policy entail, and what happens to employees who cannot, or will not, comply with them? Continue reading “Employers Begin to Consider Mandatory Vaccination Policies”
The term “wage theft” is used to describe when an employer fails to pay their workers wages they are legally owed. This shockingly common phenomenon costs workers billions of dollars every year, with employers often using leverage over employees to get away with this illegal conduct. Here are five common ways employers commit wage theft against their employees: Continue reading “Five Common Types of Wage Theft”
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