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Steven Mitchell
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The Employee’s Lawyer®

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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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Tag: employee

New York Employment Lawyer, Steven Sack, discusses labor issues and employee rights in New York and how to resolve legal issues in the workplace. Steven Sack,”the employee’s lawyer”, is also the author of The Employee Rights Handbook.

Haitian Nurse Sues New York Hospital for Racial Discrimination

Diana St Gerard, 64, a nurse in the mental health unit at Mercy Medical Center in Rockville Centre, Long Island claims that she was mocked by colleagues who said her Haitian accent was “irritating.” More importantly, Ms. St Gerard alleges that she was fired after complaining that several white staffers discriminated against her, minority patients and their families. She went on to explain that a co-worker even mocked her with a voodoo doll because of her nationality.

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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 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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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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Can Your Employer Legally Be a Snoop?

As you’re at work, it is likely you send many emails a day, perhaps even a few personal emails. As a result, employees wonder about an important question: Whether during a break or during your paid time, is it ok for your employer to look through your emails or other correspondence without your permission? The answer is not so simple. Employers have more rights than you would think when it comes to snooping around in your work email, however, the laws vary from state to state and largely depend on the company’s written policies and contracts with its employees. Yet that doesn’t mean as an employee, you are not protected. Employees still have rights, and it is vital that you understand yours.

Here’s a section of my book “The Employee Rights Handbook” that deals with the “do’s” and “don’ts” when it comes to what an employer can look at. Get informed and know your rights to see if your employer is crossing the line!

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The Limits to an Employer’s Search

An employer has certain rights to manage his/her business as he/she seems fit, and to ensure a safe working environment. However, an employee, as well as a private individual has certain privacy rights that the law protects. So where is the line drawn between what an employer is allowed to search for and where? And when does an employer’s actions cross the line regarding a search.

As an employee, it is vital to know your rights and to know what to look out for as possible violations by an employer. Here’s a section of my book “The Employee Rights Handbook” that deals with this area of the law and gives you a glimpse into what kind of questions you should be asking yourself to ensure your employer’s actions are legal. Get informed and know your rights!

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Can You Trust A Potential Employer? Here Are Some Tips!

Finding a job is hard enough without having to worry about the integrity of your employer. However, the amount of scams out there is numerous and if a potential employee is not careful, they can be the victim of one that can have major consequences for their career. It is vital to get informed and know what to ask and look for in a potential employer.

Here’s a section of my book “The Employee Rights Handbook” that deals with tips an employee should know before taking any position at a company. Get informed and know your rights to see how these laws may affect you!

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The Employer’s Responsibilities Regarding Immigration

The Employer’s Responsibilities Regarding Immigration

Immigration is a controversial topic, especially in the last ten years. And no matter what side of the spectrum you are on, there is one thing for sure: the law is the law.

Here’s a section of my book “The Employee Rights Handbook” that discusses inspections and employer’s immigration law requirements.

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Unemployment Hearings 101

Many people who are fired forfeit valuable unemployment insurance benefits. This is because they do not know how to act or represent themselves properly at unemployment hearings. Many are told by unemployment personnel that a lawyer or other representative is not required and that preparation for the hearing is unnecessary. They then attend the hearing and are surprised to learn that the employer is represented by experienced counsel who has brought witnesses to testify against their version of the facts. Other people lose at the hearing because they do not know the purpose of their testimony or what they must prove to receive benefits.

For you to ensure you’re not one of the countless individuals that fall within this trap, it is crucial you get informed and know what is expected of you, and your rights.

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    Katlinna Zhao
    Katlinna Zhao
    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!
    Gabriela Miller
    Gabriela Miller
    Highly professional and a wonderful attorney. Thank you.
    Chris MacMurray
    Chris MacMurray
    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!
    Sandy James
    Sandy James
    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!
    Abraham Truzman
    Abraham Truzman
    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!
    Dani Rodriguez
    Dani Rodriguez
    Amazing lawyer, an even better person. He is straight and to the point, looking for the best for his clients. If you don't hire him, you're making a mistake
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