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Changes to New York Unemployment Insurance Law

By now every employer, employee and individual is aware of the U.S. recession. Although the nation is in recovery, there are still consequences of the protracted recession.  Due to the recession, employer contributions to the New York State Unemployment Insurance Fund have been insufficient to cover the benefits paid out to individuals. As a result, the Unemployment Insurance Fund is grossly underfunded, which has required New York to borrow $3.5 billion from the federal government. In order to repay this loan and avoid significant interest charges, New York has recently enacted a number of “reforms” that are expected to save the state $200 million.

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New Jersey Limits Employer Access to Employees’ Social Media Accounts

A new law which took effect on December 1, 2013 makes New Jersey the latest of a growing number of states – including Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada, New Mexico, Oregon, Utah and Washington – that prohibit employers from requesting access to the social media accounts of current or prospective employees. The law also prohibits employers from retaliating or discriminating against any such individual who either refuses to provide such access or who complains about what he or she believes to be a violation of the law.

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New Amendment to New York Labor Law Includes Underage Models as Protected Class

On October 21, 2013, Governor Andrew M. Cuomo signed amendments to the New York Labor Law, Art. 4-A, §§ 150-154, the laws governing employment of child performers. The new law went into effect on November 20, 2013. The amendments expand coverage of the law to include runway and print models under the age of 18, a significant feat since these youngsters previously were not afforded the same protections as young entertainers such as child actors.

As a result of the new law, employers of child models (as well as their parents or guardians) will have additional responsibilities and obligations. Some of the most notable include:

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New York Court Rules Against Starbucks’ Employees in A Suit about Tips

If you are working at Starbucks and think your “shift supervisors” shouldn’t be sharing in your tips, then it may be time to move out of New York State and into Massachusetts.

The 2nd Circuit Court, whose jurisdiction extends to New York, Vermont and Connecticut, ruled against baristas in a class action claiming that their shift supervisors should not be allowed to grab a cut of their bounty under state labor law. In 2008, baristas Jeana Barenboim and Jose Ortiz sued Starbucks for more than $5 million on behalf of more than 5,000 of their fellow employees serving at 400 New York stores. They claimed that the chain’s corporate structure made them share their hard-earned tips with their “shift supervisors,” whom they alleged to be actually their bosses. This put the company in violation of New York Labor Law, according to the lawsuit.

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Five Effective Ways to Reduce Lawsuits Resulting from Incidents Occurring at Holiday Parties

According to the executive search firm Battalia Winston, 96% of corporations surveyed stated that they would hold holiday parties for their employees this year ― its highest level since 1997. That is up from 91% last year and 74% from two years ago. The survey also showed that 89% of the companies intended to spend the same as last year or more than last year.

For these companies, attorney Steven Mitchell Sack, “The Employee’s Lawyer,” suggests ways to minimize litigation that may arise from situations brought on during corporate holiday parties.

Mr. Sack’s tips include:

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New Statute Affecting Pregnant Women and Employers Scheduled to Take Effect January 30, 2014

Effective January 30, 2014, a new statute in New York City requires employers with four or more employees to provide reasonable accommodations to a pregnant employee or an employee recovering from childbirth or a related medical condition if the employee requests an accommodation and the accommodation will allow the employee to perform the essential functions of her job.

Specifically, on October 2, 2013, New York City Mayor Michael Bloomberg signed into law the New York City Pregnant Workers Fairness Act, Local Law 78 of 2013 and in the last few months, as part of its obligations under the new law, the New York City Human Rights Commission has released a written notice that employers must provide to:

• All new hires at the start of the employment; and
• All current employees on or before January 30, 2014

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Steven Mitchell Sack Offers Five Effective Ways to Reduce Lawsuits Resulting from Incidents Occurring at Holiday Parties

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” suggests ways to minimize litigation that may arise from situations brought on during corporate holiday parties.

Mr. Sack’s tips include:

  • Distribute a zero tolerance memo for sexual harassment. The document should define what constitutes inappropriate behavior and remind workers that anyone who commits sexual harassment before, during, or after the party will be subject to strict penalties, including possible immediate dismissal.
  • Consider making the party an alcohol-free event. If alcohol is served, then the company should hire experienced bartenders only (as opposed to volunteer company employees), who are trained to stop serving liquor to those who have imbibed too much. The company should also consider offering car service where applicable.
  • Schedule the party when office hours have concluded to avoid claims of failing to pay wages and overtime for hourly workers who attend the function or are required to attend.
  • Consider having the event at a location away from, or not affiliated with the company. This will reduce the risk of theft of company property, trade secrets, or other valuable assets that can go missing at such events.
  • Inform employees to act discreetly when taking pictures. Posting photographs on social networking sites that are provocative or embarrassing can be detrimental to the business. This is the not the kind of publicity any employer desires.
“The holiday season should be a time for celebration,” said Mr. Sack. “However, when rejoicing with colleagues during such festivities, employees should keep these instructions in mind. There is no need to ruin an enjoyable experience with unfortunate incidents that could have been easily avoided.

For more information, call (917) 371-8000 or visit sack.theprmg.com.

 

Steven Mitchell Sack Responds to Query on Hospital Worker’s Privacy Rights Regarding Illnesses

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” was recently interviewed by Newsday in which an operating engineer at a not-for-profit hospital asked if the employer was being intrusive about his ailments. Mr. Sack says the hospital has certain legal rights to be informed of a worker’s injury or illness, but must be careful not to use an employee’s health information when making human resources decisions.

The employee suffered a broken foot as the result of falling off a ladder. After missing six months of work, the employee returned with a doctor’s note that cleared the employee to return to work. However, the human resources specialist — who is also a physician’s assistant (PA) — wanted to see if the employee had regained enough strength in the foot that was broken by performing exercises by walking around the room.

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“The Employee’s Lawyer” Says Unpaid Interns Deserve Same Workplace Protection Rights as Paid Employees

Also Calls for Financial Compensation for Performing Certain Work Duties

Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” says that college students who perform work duties at companies without pay should be extended the same protection from sexual harassment in the workplace as their paid counterparts. He says the fact that they are unpaid should not make them more susceptible targets of their co-workers’ or supervisors’ unwanted advances.

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The Weekends are for Fun!…..Or Are They?

As an employee, you have many responsibilities. As a result, you treasure the time you have off to enjoy your life with family and friends doing the things you love to do. A nice vacation, a golf outing, or maybe just a day at home relaxing are all activities many employees look forward to during the year. But can an employer monitor your activities and penalize you for legal activities outside the office? The answer is more complex than you would think.
Here’s a section of my book The Employee Rights Handbook. Get informed and know your rights!

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    I had a great experience working with Steven Sack during my recent job separation. He was incredibly professional, knowledgeable, and genuinely cared about achieving the best outcome for me. Thanks to his expertise, we were able to secure additional benefits beyond my original severance package, for which I am truly grateful. Steven guided me through the entire process with clear communication and support, making a challenging situation much easier. I highly recommend them to anyone in need of a dedicated and effective advocate!
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    Steve was amazing to work with. He is always available and follows up on email or phone calls immediately The process was fast and painless, and he helped me understand a number of things that I did not. I would recommend him highly, and he will be my sole source for employment law going forward. Thank You Steve!
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    Steven was reliable, straightforward, empathetic, honest, dependable and pushed for what I asked for in my agreement with my employer. I thought his prices were reasonable. I felt like I was in good hands throughout a terrible work situation. Highly recommend his services!
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    My experience with Steven Sack was similar to those that many others have had with him before. Honest, caring, communicative, and exceedingly knowledgeable. My legal troubles caused me a few sleepless nights and he was a Godsend in resolving my legal matter. He was my advocate through and through. If you are dealing with any issues regarding employment law, go to Steven!
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