New York Employment Lawyer, Steven Sack, discusses labor issues and employment law 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.
A critical part of the process of unionizing is holding what is known as a union election. Without it, you cannot legally form a union in the United States, and you cannot move forward with negotiating with your employer collectively. But what exactly is a union election, and how do you go about holding one in your workplace?
Continue reading “What is a Union Election, and How Can You Hold One?”
Sexual harassment is a sadly common phenomenon seen in workplaces throughout New York and the rest of the country. Despite how common it is, though, not everyone recognizes sexual harassment when they see it. Here are some of the most common forms of sexual harassment seen in workplace settings:
Continue reading “Identifying Sexual Harassment in the Workplace”
Broadly speaking, there are two primary types of workers: employees and independent contractors. While this may not seem especially relevant to some people, the legal distinction between the two is incredibly important. Depending on whether you are an employee or independent contractor, you could have far different protections and responsibilities to your employer. Here are five things you should know about independent contractors:
Continue reading “Five Things You Should Know About Independent Contractors”
The Occupational Safety and Health Administration (OSHA) has announced that it has begun the process to create an Emergency Temporary Standard that will require large employers to institute vaccination and testing procedures for COVID-19. The rule, if it successfully goes through the administrative process, would potentially result in mandatory vaccination for any affected companies, with weekly testing for anyone who cannot or will not be vaccinated. Early proposals for the rule also include potential fines for anyone who defies this mandate, as well as tax credits to help employers in complying with the new rule.
Continue reading “OSHA To Create Rule Mandating Vaccination for Large Employers”
As technology has advanced, it has become more and more common for employers to electronically monitor employees in the workplace. In addition, the tools that employers have to monitor employees have become more sophisticated, allowing extensive tracking of an employee’s activities throughout the workday. But are there any limits on this authority, and what can happen when an employer crosses the line?
Continue reading “Can Employers Monitor Employees in the Workplace?”
Suffice it to say that most employers do not like the idea of their workers unionizing. In order to prevent their workers from organizing a union, they will go to extreme lengths to sabotage labor organizing efforts, sometimes in violation of the law. Here are just five of the ways that employers will break the law when trying to stop a labor union from organizing: Continue reading “Five Ways Employers Illegally Interfere With Labor Organizing”
The Equal Employment Opportunity Commission (EEOC) has rescinded a proposed rule that would have made it much more difficult for the EEOC to engage in pre-suit conciliation. The changes to the conciliation process were proposed to make it easier for employers accused of employment law violations to fight the accusations. However, the rule was ultimately rescinded due to the chance that it would have made bringing charges against employers too burdensome. Continue reading “EEOC Rescinds Proposed Pre-Suit Conciliation Rule”
LNK International, Inc., a pharmaceutical manufacturer located in New York, has agreed to pay $220,000 to settle charges of discrimination in its employment practices. The charges, issued by the United States Department of Justice (DOJ), indicate that the company was engaged in practices that discriminated against lawful permanent residents and other legal immigrants. The settlement shows what kind of hardship immigrants can face when seeking employment, even when they are in the United States legally. Continue reading “NY Pharma Company Pays $220K to Settle Discrimination Charges”
Anti-discrimination laws, like Title VII of the Civil Rights Act and the Americans With Disabilities Act, prohibit employers from discriminating against their employees due to reasons such as race, gender, color, creed, national origin, and disability status. What many people do not know, however, is that these protections also extend to people who are retaliated against for reporting discrimination. But what is retaliation in the context of discrimination law, and why is it protected against? Continue reading “What is Retaliation in Discrimination Law?”
The term “wage theft” is used to describe when an employer fails to pay their workers wages they are legally owed. This shockingly common phenomenon costs workers billions of dollars every year, with employers often using leverage over employees to get away with this illegal conduct. Here are five common ways employers commit wage theft against their employees: Continue reading “Five Common Types of Wage Theft”
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