News, advice and common problems regarding termination issues in the workplace by The Employee’s Lawyer.
Labor organizing is an important, legally protected practice that is critical for helping workers to enforce their rights. Unfortunately, employers are often loath to allow employees to freely organize, and may take extreme (and potentially illegal) steps to prevent employees from unionizing. But what should you do if you get fired for organizing a labor union at your workplace?
Continue reading “What Happens If You Get Fired For Labor Organizing?”
In his new book Fired!: Protect Your Rights & Fight Back if You‘re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit, New York City attorney Steven Mitchell Sack offers some important advice if you are considering resigning from a job. “Never quit; make the company fire you,” says Sack. This is because you may put yourself in a much worse position,legally speaking, if you voluntarily resign instead of being fired. Here are five reasons why it may be better to be terminated by your employer rather than quit:
Continue reading “Five Reasons Why It is Better to Be Fired Than Quit”
A federal court has ruled that people who work from home can sue their employer under the WARN Act for failure to notify them of a mass layoff. This ruling, made by the United States District Court for the Eastern District of Virginia, is a potential advance for remote employees who suddenly find themselves laid off by employers. For employers, however, it is a warning sign that moving employees to a remote work schedule does not free them from their legal obligations to those employees.
Continue reading “Federal Court Allows WARN Act Class Action By Remote Employees”
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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The National Labor Relations Act (NLRA) protects individuals engaged in “protected concerted activity,” allowing them to legally fight for increased pay, better benefits, and improved working conditions. This concerted activity is essential for labor organizing, and thus these protections are a cornerstone of labor law. Here are five common examples of protected concerted activity, as defined by the NLRA: Continue reading “Four Types of Concerted Activity Protected Under the NLRA”
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?”
In a shocking twist that may be indicative of future developments, the Ohio Supreme Court has upheld the use of so-called “direct observation” drug tests by employers. This test is, in effect, a standard urine test used to detect the presence of drugs in a person’s system, except the employees are put under “direct observation” to make sure they did not swap out someone else’s urine. Employee rights advocates are outraged at the decision, which effectively makes it legal to watch an employee urinate when giving a sample for a drug test. Continue reading “Ohio Supreme Court Upholds “Direct Observation” Drug Test”
A New York federal court has struck down a United States Department of Labor (DOL) rule that limited who could benefit from a law that granted paid leave due to the coronavirus. The court stated the DOL overstepped its authority by issuing the limitation and said that there was no basis in law for the rule it issued. Additionally, it struck down an interpretation of the law that expanded an exception for “health care providers,” and partially vacated other interpretations of the law which limited people’s ability to take time off. Continue reading “NY Federal Court Strikes Down Rule Limiting COVID Paid Leave”
The Equal Employment Opportunity Commission (EEOC) has clarified a rule with respect to employers testing their employees for COVID infection. While it is permissible for an employer to test if an employee is currently showing signs of coronavirus infection, it is not permissible to test if they have COVID antibodies. This is an important distinction to make as people begin to return to work and the coronavirus continues to be a threat, even in places like New York where infections have leveled off. Continue reading “Mandatory Tests for Antibodies Not Permissible According to EEOC”
One of the most persistent problems in labor organizing has been determining when, and where, it is acceptable to organize a union. The rules regarding union organizing have fluctuated over the years, becoming more lenient or less lenient for organizers depending on the political climate. Unfortunately, those organizers have been dealt a significant blow by the National Labor Relations Board (NLRB), in a recent ruling that has prohibited all union organizing during work hours.
Union organizing refers to the practice of workers at a company agreeing to come together to form a labor union. To do this, union organizers must get a majority of the employees at a company to agree to unionize, typically through an election called by the organizers. Typically, organizers will try to speak to employees at work, since that is the easiest place to track them down and talk to them about forming a union. However, employers tend to discourage this sort of activity, and some have brought legal action against employees trying to organize a union during work hours or on their property.
Previously, there had been some wiggle room for organizers wishing to advocate on company property, such as allowing them to organize or petition in public areas like cafeterias or lobbies. However, the recent NLRB decision allows employers to completely ban discussion of unionization during work hours, regardless of where on the property it occurs. Moreover, the decision has reversed precedent that prohibited punishment for merely discussing the prospect of unionizing. As a result, it will become more difficult than ever to organize a union, a fact that employers have cheered but organizers have decried.
If you are looking into unionizing, or you already have a union and are in a dispute with your employer, give the Law Offices of Steven Sack a call. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer who has considerable experience in handling the many aspects of labor and employment law. To schedule a consultation with New York City employment lawyer Steven Mitchell Sack, call (917) 371-8000.
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