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Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 39 years.

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New York City Mandates Salary Range Disclosure Starting May 15

Starting on May 15, 2022, New York City will require all employers in the city with four or more employees to disclose the acceptable salary range for any position it advertises. This is meant to deal with a surprisingly common problem, where employers would advertise a position without also advertising the salary, leading to what many would consider deceptive business practices. This information can help potential job applicants to ensure they are making an amount of money appropriate to their position, rather than having to operate blind. Continue reading “New York City Mandates Salary Range Disclosure Starting May 15”

Employers May Need to Reconsider Zero Tolerance Marijuana Policies

An article in the National Law Review has noted that employers in many states may want to reconsider their zero tolerance policies when it comes to marijuana use. For many years, even medical marijuana users with state-issued cards were being fired for testing positive for marijuana use, with few repercussions. However, as both medical and recreational use become more common, these stringent policies have become not only outdated, but potential liabilities for employers. Continue reading “Employers May Need to Reconsider Zero Tolerance Marijuana Policies”

Fair Chance Act Restricts Employers from Asking About Criminal History

A provision in the 2019 National Defense Authorization Act (NDAA) has made it illegal for employers throughout the United States to inquire about a person’s criminal record prior to a conditional offer of employment. Known as the “Fair Chance to Compete for Jobs Act of 2019,” or the “Fair Chance Act” for short, the provision abolishes the section on job applications that requires a person to disclose their criminal history. The measure is aimed at improving the opportunities for those previously convicted of a crime to return to regular society and obtain honest employment. Continue reading “Fair Chance Act Restricts Employers from Asking About Criminal History”

The Scourge of Misclassified Employees

Under federal law, there are two primary kinds of paid workers: employees, and independent contractors. And whether intentionally or accidentally, employers are mixing up the two, to the detriment of their own workers. Being misclassified can have major financial and legal implications to an employee, and it’s important to know what to do if you think you’ve been misclassified. Continue reading “The Scourge of Misclassified Employees”

When Employment Discrimination Gets Sneaky

When people think of employment discrimination, whether based on gender, race, age, sexuality or disability, they usually have a specific picture of what that looks like. They imagine bigoted tirades or inappropriate physical contact, or managers or executives outright declaring their refusal to treat certain kinds of people as equals. That said, with employers now more conscious of lawsuits than ever, discrimination can often take more subtle forms. Continue reading “When Employment Discrimination Gets Sneaky”

Can My Employer Really Look at My Credit History?

When people think about what an employer might examine to evaluate their employees, they think of things like their resume or curriculum vitae, their references, their criminal background check or even how they dress. However, many employers now add an additional step to their employee evaluation process: a credit check. Most people may be surprised to discover an employer can do this, and they’re probably curious as to why. Continue reading “Can My Employer Really Look at My Credit History?”

What You Should Know Before Hiring an Intern

Whether or not an intern is paid is usually a deciding factor in considering hiring one. While many internships are not paid, labor laws usually allow the intern to work for college credit. However, there are restrictions to this exception. An internship must abide by specific criteria in order to be exempt from the Minimum Wage Act and Orders, which outlines New York’s laws regarding pay and overtime. In order to be exempt from this law, an intern cannot be considered an employee and an employment relationship cannot exist between the for-profit business and the intern. It can be determined that an employment relationship does not exist if the relationship meets all of the following criteria:
Continue reading “What You Should Know Before Hiring an Intern”

Misclassifying Employees as Independent Contractors

Across the country, more employers are hiring individuals on an as-needed basis.  This often leads to denying workers benefits such as health insurance, overtime, and sick pay, among others. Hiring employees on an as-needed basis may be a violation of the Fair Labor Standards Act (FLSA). The Department of Labor has set forth a legal test to determine whether or not a worker is considered an employee or a contractor.
Continue reading “Misclassifying Employees as Independent Contractors”

Social Media and the Workplace

You just made a controversial Facebook post about the company you work for forgetting your boss is one of your friends. Can you get reprimanded for what you post on your own personal social network? The laws surrounding social media and the workplace are still developing. The best piece of advice to follow is to always be cautious about what you post, whether you are on your own blog, Facebook, Instagram, or Twitter account. You are responsible for what you post and who sees it, so post restrictively.
Continue reading “Social Media and the Workplace”

What Employees Should Know About Employer Medical Information Requests

Employees get asked questions from their employers on a day-to-day basis. Some questions are innocent, while other questions may seem a little more personal. Either way, employees are not usually hesitant to answer employer questions, as they assume that any question asked must be necessary for the employer to know. While in many cases this may be true, when it comes to prying into an employee’s medical information, there are laws that protect employees from having to disclose. Continue reading “What Employees Should Know About Employer Medical Information Requests”

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