In the lawsuit, the three women — two of whom worked as an administrative assistants and another as a biller — established themselves as solid performers, but when it was discovered that they were pregnant or suspected of being pregnant, they were harassed by their employer, falsely accused of poor performance and later fired. The employees had only been with the company for less than a year. Two were fired in October 2006; the third was fired in March 2007.
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Class Action Lawsuits
A class action lawsuit can be used when a number of people wish to participate in a lawsuit but the class is too numerous, or it would be too expensive to try each case separately. These individuals commence a case and retain lawyers to represent them and retain a class representative to represent them and the class. An example of this is hundreds of people who suffer alleged employment discrimination, including sexual harassment and wage and hour violations are now pursuing their job rights through class action lawsuits. In addition, class action lawsuits are also available to challenge a policy or interpretation of a statute or regulation, such as in a Medicaid case.
Pro Se Representation
While it is always ideal to have a lawyer to protect your legal rights and interests, this may not be possible all the time. If you have limited funds and do not qualify for legal aid, you may be forced to appear on behalf of yourself. Just because you appear pro se does not mean you will lose your case. However, it is necessary to be informed and educate yourself about the procedure and what to expect.
Damages in Employment Litigation
Damages are awarded to a prevailing party in a lawsuit. They may come in the form of money, or in some cases, the court may order the opposing party to perform a certain action.
Steven Mitchell Sack Says Fast Food Workers in New York State Deserve Higher Wages
Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” says fast food workers in New York State do not make enough money and should be able to earn at least $15 an hour. This, he says, will mean not only increased employee morale but employee retention.
Steven Mitchell Sack Supports President Obama’s Proposed Rule Change on Overtime Pay
Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” says a new workplace regulation proposed by President Barack Obama to automatically qualify workers for overtime pay would mean those who work more than 40 hours a week will be fairly compensated.
Steven Mitchell Sack Supports Governor Cuomo’s Legislation to Protect Nail Salon Workers in New York State
Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” says Governor Andrew Cuomo’s legislation that would crack down on nail salons which exploit their workers or operate without a license will provide much-needed protection for the employees who work in dangerous conditions while not being justly compensated.
NYC Employers Fined for Not Allowing Employees Sick Leave
Last year, Mayor de Blasio signed into effect new sick leave laws that would offer employees greater protection by expanding the previous legislation. Recently, companies such as Best Buy and FedEx have been fined for not complying with the law that went into effect last April.
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McDonald’s Joins Companies Nationwide that are Raising Wages
McDonald’s has recently taken measures to improve wages and benefits for its employees. However, these newly implemented policies will only affect those employed by the company stores, not franchisees. As part of the new benefits, employees will see an increase in salary to at least $1 above the local minimum wage, eligibility for time off, and a new program applying to all employees who wish to earn a high school diploma or fund their college education. 90,000 workers would be affected at 1,500 McDonald’s restaurants. This means that 90% of McDonald’s workers would not see these benefits as the majority of the restaurants are franchisee-owned.
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Women Celebrate Victory in Supreme Court Young v. UPS Decision
In the much anticipated Supreme Court decision in the case of Young v. UPS, the Court remanded the case back to the 4th Circuit. Although the Supreme Court did not directly decide the issue of whether UPS violated the Pregnancy Discrimination Act, in not offering Young a disability accommodation due to her pregnancy, it held that Young’s claim should at least be heard. Advocates celebrated this as a victory because at least Young would have her day in court that had been denied by the lower courts. Young’s attorney considered the decision to be a “big step forward towards enforcing the principle that a woman shouldn’t have to choose between her pregnancy and her job.”
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