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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: Employment Law

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.

NYSDOL Issues Updated Regulations for State WARN Act

The New York State Department of Labor (NYSDOL) has issued final updated regulations on the implementation of the state’s Worker Adjustment and Retraining Notification (WARN) Act. These updated regulations are meant to help bring the WARN Act up to modern standards, as laid out in the update to the Act that was originally passed in 2021. This is especially important given the substantial changes that have occurred in the workforce over the past few years.

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What it Means to Organize for Better Working Conditions

One of the primary reasons that people will engage in labor organizing, including striking, is to help obtain better working conditions. In this way, they can make their job easier, safer, and more comfortable for themselves and everyone at their job. But what exactly does it mean to strike for better working conditions, and how can labor organizing help to achieve that?

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New NLRB Ruling Affects Who May Be Considered an “Independent Contractor”

In a recent decision, the National Labor Relations Board (NLRB) has changed how determinations will be made to determine whether a worker is an independent contractor or not. In previous decisions, the NLRB has said that it would prioritize the entrepreneurial opportunities of a worker to determine whether they qualify as an independent contractor. In this decision, however, they have said they will look to a wide variety of factors to determine if someone qualifies for that classification.

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NY Senate Approves Ban on Non-Compete Agreements in Employment Contracts

The New York State Senate has voted to ban all non-compete agreements for employees in the state. The law, Bill No. S03100 would, if also approved by the New York State Assembly and signed into law, make it illegal for employers to write provisions in their contracts that would prevent employees from working with competitors in the same field or keep them from starting their own businesses. The goal of this law is to encourage competition and prevent employers from coercing their employees into working for them against their will.

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EEOC Addresses Growth of AI Use in Employment Decisions

The Equal Employment Opportunity Commission has issued new guidance on the use of so-called “Artificial Intelligence” or AI software in making employment decisions. This guidance seeks to explain how this sort of software can be used in an employment context, and is meant to help employers learn how to use AI without running afoul of the law. Employers should be careful when using AI tools to respect labor and employment law, and to avoid infringing on the rights of workers.

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What is Collective Bargaining, and How Can it Help You?

Collective bargaining is one of the most essential tools that workers have to protect their legal rights. Through collective bargaining, workers have historically been able to fight for better compensation, better working conditions, and to fight against abuses by their employers. But what is collective bargaining, and how can it help workers to improve their working conditions and get them better pay?

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What Does It Mean To Go On Strike In America?

What Does It Mean To Go On Strike In America? 

If you have turned on the news or looked at the front page of the paper, I am sure you have heard about the Writer’s Guild of America (WGA) strike. Unions will go on strike for various reasons. The negotiation, reasons, and timing can vary, depending on the context of the terms that are being debated. With the WGA walking out on their jobs, it will affect those TV shows and films that are about to start or wrap up. You may have to wait to see what happens to your favorite characters until next fall. They definitely have the perfect timing for a strike, when so many loose ends are just about to be tied up until next season.

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Seven Potential Signs of Racial Discrimination in Your Workplace

Racial discrimination is a pernicious and surprisingly common problem in workplaces throughout the United States. Even in companies that pride themselves on inclusivity and diversity, it is possible that you might become the victim of discriminatory action. That is why you should stay on the lookout for these seven potential signs of racial discrimination in your workplace:

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Proposed Bill Would Increase Wage Transparency Across U.S.

A new bill introduced in the United States House of Representatives would require employers to increase wage transparency for job postings. The bill, dubbed the “Salary Transparency Act,” would force employers to post the wage or wage range for any job posted for people to apply to, whether internally or publicly. This is meant to make it easier for job applicants to know the compensation of the jobs they are applying for before they go through the effort of the application process.

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Federal Appeals Court Says PTO is Not Salary

In a recently decided court case, the Third Circuit Court of Appeals has ruled that paid time off (sometimes referred to as PTO) earned through an employee’s job does not count as part of their salary. As a result, deductions made from an employee’s PTO by their employer does not violate the Fair Labor Standards Act (FLSA). This case is the first of its kind to be decided at the Circuit Court level, meaning it may influence how other similar decisions are made. Continue reading “Federal Appeals Court Says PTO is Not Salary”

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