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Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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Don’t Fire An Employee Because Of A Jealous Spouse

Recently, a New York State Court of Appeals restored a gender discrimination case against a wellness clinic. Both defendants were co-owners of the establishment and were husband and wife. The husband had hired the plaintiff in the case as a massage therapist and yoga instructor.  The husband acted as the plaintiff’s supervisor and had a professional relationship during her tenure.  However, he told Plaintiff that his wife was jealous because she was “too cute.”

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Sexual Harassment At The Plaza

The famous Plaza Hotel, located in New York City, has had a sexual harassment lawsuit filed against it by some of its female employees.  The Plaza Hotel is an icon for its famous political figures and entertainers.  While many are shocked by the allegations, sexual harassment in the hotel industry is fairly common.  According to a recent report, 8 in 10 hotel workers have experienced being harassed on the job.

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Changes To The Freelance Law In New York City

In the beginning of 2017, New York City adopted The Establishing Protections for Freelance Workers Act.  The law provides that a company must:

  • Provide a written contract to a freelance worker for services of $800 or more,
  • All payments to a freelancer must be paid on a timely basis and in full; and
  • Prohibits retaliatory action against a freelancer for exercising his or her right under the law.

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Microchip In The Workplace

Recently, a company in Wisconsin will be the first in the United States to put microchip implants in its employees. According to reports, over 50 employees at Three Square Market (32M) are expected to voluntarily have microchips implanted between their thumb and forefinger. The chips are radio-frequency identification chips (RFID) that will be used to perform common office tasks by waving their hand. According to Todd Westby, the implant is the size of a grain of rice.

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Updates To The New York State Paid Family Leave Law

The New York State Paid Family Leave Law requires that every New York State employer provide employees with up to 12 weeks of paid leave for the following:

  • the birth, adoption, or placement of a new child
  • to care for a family member with a serious health condition, or
  • for a qualifying exigency arising from a family member’s military service.

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Predictive Scheduling For Fast Food Workers In New York

On May 30, 2017, New York City Mayor Bill de Blasio signed legislation to implement predictive scheduling for non-salaried fast food employees in New York City. This law requires that employers post a worker’s schedule 14 days in advance. If a schedule is changed with less than 14 days notice, an employer must pay a premium. This creates a private right of action for employees with his or her employer. The legislation will take effect in 180 days.

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Mayor de Blasio Passes Laws to Protect Fast Food and Retail Workers

Previously, Mayor Bill de Blasio announced that his administration plans to implement greater protections to New York City’s 65,000 hourly fast food employees. Recently, the mayor signed several bills into law that affect the fast food industry, including one that protects workers from last-minute schedule changes. Additionally, Mayor de Blasio signed a bill that prohibits on-call scheduling for retail employees.

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Employees May Receive Paid Time Off in Lieu of Overtime Pay

Recently, the U.S. House of Representatives passed a law that allows private-sector employers to allow employees to earn Paid Time Off (PTO) instead of overtime pay. H.R. 1180, the Working Families Flexibility Act of 2017, amends the Fair Labor Standards Act of 1938. Under the act, an employee may receive “compensatory time off at a rate not less than one and one-half hours” for each hour of work that overtime pay is required. This means that, instead of receiving overtime pay in their next paycheck, an employee may earn PTO that they may use at a later date that is approved by the employer.

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U.S. Appeals Court Rules That LGBT Workers Are Protected From Bias

Recently, the 7th Circuit Court of Appeals in Chicago ruled that a civil rights law from 1964 protects lesbian, gay, bisexual and transgender (LGBT) employees from workplace discrimination. The 8-3 decision is the first ruling by the federal appeals court to recognize that law as protecting the rights of LGBT individuals in the workplace.

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The “Snowflake Test”: Is It Legal?

snowflakeWhile it is not uncommon for employers to give assessment tests to potential job candidates, one U.S. company has caught the eye of the media for its unusual vetting tool. Kyle Reyes, Chief Executive Officer of The Silent Partner Marketing, a public relations firm located in Hilliard Mills, Connecticut, created the controversial “snowflake test” as a means of weeding out candidates who don’t fit the company’s culture – specifically, “overly sensitive, liberal candidates that are too easily offended.” However, despite the significant publicity and, in some cases, praise, others have fiercely criticized the assessment and called into question the ethics and legality of it.

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

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    Our Reviews and Client Feedback

    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.
    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.
    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.
    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.
    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.
    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.

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