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Executive Order Issued Banning Discrimination based on Sexual Orientation

President Obama announced on June 20, 2014 that he has signed an executive order to end discrimination in hiring based upon sexual orientation for federal contractors. The executive order will apply to any private businesses that enter into a contract with the United States government.

Title VII of the 1964 Civil Rights Act prohibits employers from discriminating against workers and job applicants based on sex, race, color, religion, or national origin. However, the act doesn’t expressly prohibit employer discrimination based on sexual orientation or gender identity bias.

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Federal Bill Proposal Seeks To Raise Overtime Threshold

In a combined effort to ensure overtime protections for low- and mid-wage salaried workers, Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, along with eight Senate officials, recently introduced the Restoring Overtime Pay for Working Americans Act.

Presently, the Fair Labor Standards Act (FLSA) guarantees a minimum wage and overtime pay for private-sector U.S. workers. However, many workers are considered “exempt” from the law, partly because of a salary threshold, $23,660 per year or $455 per week, which is specifically directed at managers and “professional” employees.

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Age Discrimination: L.I. Based Company Forced to Pay

A Melville insurance brokerage has agreed to pay $300,000 in back wages to settle a lawsuit accusing it of age-based harassment, discrimination and retaliation against three former employees. The suit was filed by the U.S. Equal Employment Opportunity Commission in July 2013.

The EEOC’s lawsuit charged that the company’s management made discriminatory age-related comments and refused to promote one of the claimants based on her age.

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New York City Employers Must Give Notice on Pregnancy Rights

At the start of the new year (2014), the Pregnancy Accommodation Law acted as a new amendment to the already-expansive New York City Human Rights Law (NYCHRL). The law took effect on January 30, 2014, for newly-hired employees and is about to take effect for existing and current employees on May 30th.

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National Labor Relations Board Imposes Decertification Penalties

Recently, the National Labor Relations Board (NLRB) showed they meant business when they ruled that nine workers who decertified their union in 2012 still had to pay it another year’s worth of membership dues because they sent in some of the paperwork too early. The NLRB ruling sent out a warning by the Federal government message was loud and clear:  if you are a worker who is trying to exit your union, dot every “i,” cross every “t” and double- and triple-check everything you do. Otherwise, it may cost you a lot.

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Federal Whistleblower Suit Rejected

A former examiner at the Federal Reserve Bank of New York has claimed she was fired as a result of her complaints about practices at Goldman Sachs Group, Inc. However, a federal district court in New York has dismissed the claim, stating the conduct alleged by the former examiner does not violate the whistleblower protection provisions of the Federal Deposit Insurance Act.

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Bed Bath & Beyond Fined for Discriminating Against Job Applicants

It is no surprise that individuals convicted of a crime experience hardships when looking for employment. However, can an employer deny an applicant simply based on the fact that the applicant is an ex-con? Earlier this April, New York State Attorney General Eric Schneiderman reminded mega-store Bed Bath & Beyond that those types of discriminatory hiring practices are illegal in New York.

During the investigation, Schneiderman’s office found Bed Bath & Beyond automatically disqualified job applicants with felony convictions without evaluating their criminal records individually, as required by state law.

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Steven Mitchell Sack Wins Settlement for Client in Sexual Harassment Case

Steven Mitchell Sack successfully reached a settlement on behalf of a dental hygienist who was allegedly sexually harassed by her boss. The woman was fired after she filed a sexual harassment complaint to the owner of the dental practice (and the alleged perpetrators) and told the owner that she would no longer tolerate her boss’ physical groping and sexual comments related to her body.

With Mr. Sack’s assistance, the woman filed a complaint against the dentist with the New York City Human Rights Commission. The settlement included money to compensate her for her emotional pain and suffering and loss of future wages.

NYC Interns Now Protected

Over the past century, labor laws have evolved to protect many classes of individuals — including men, women and children.  US labor laws protections regulate workplace conditions including:  harassment and discrimination in the workplace, workers’ health, and minimum pay. However, in recent years, the social progress of employment protections have come under question regarding a specific group of people….interns. In late March 2014, interns in New York City were granted the rights and protections that they argue they so rightfully deserve.

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Pennsylvania Senator Proposes New Anti-Employment Discrimination Bill

Pennsylvania State Senator Daylin Leach proposed a bill in late March that would ban employment discrimination based on an applicant’s marital or familial status.

Profiling based on marital or parental status occurs when potential employers ask job applicants if they have children, plan to have children, or are married. Leach contends that all too often, a qualified applicant makes it to the final stages of the hiring process, only to be asked if they have children. If the answer is yes, the job suddenly goes to somebody else.

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

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    Khalilah M
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    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.
    Michael Mallett
    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.
    Peter Raczkowski
    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.
    dxr4315
    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.
    Allie
    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.

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