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”
Tag: labor law
What is Protected Activity Under the NLRA?
The National Labor Relations Act (NLRA) protects employees who engage in political activity for the purposes of labor organizing. However, not all kinds of political activity are considered a “protected activity” under the NLRA, meaning not all activities receive the same kind of legal consideration. So what constitutes a protected activity under the NLRA, and why does it matter whether an activity is considered protected or not? Continue reading “What is Protected Activity Under the NLRA?”
How Do You Form a Labor Union?
If you work for a business where you feel you do not receive sufficient income or benefits for the work you put in, you may be able to benefit from starting a labor union. However, many people are afraid of even trying to start a union and have no idea where to begin. Fortunately, there are a few simple steps you can take to begin the process of forming a labor union at your place of employment: Continue reading “How Do You Form a Labor Union?”
Five Potential Benefits of Forming a Labor Union
Unionization is an often-controversial subject, but also one with substantial practical implications. Many people reflexively oppose unionization precisely because of how politicized it can be, but for people working in certain jobs, a union can provide many potential benefits. Here are just five potential ways you can benefit from forming a labor union at your place of employment: Continue reading “Five Potential Benefits of Forming a Labor Union”
What Happens When an Employee is Misclassified?
Employee misclassification is a surprisingly widespread problem across many industries, and yet it is poorly understood by most workers. And yet, whether an employee is properly classified can have a massive impact on their taxes, income, and benefits. So, why is it that some employees are misclassified, and what can you do to deal with it? Continue reading “What Happens When an Employee is Misclassified?”
Blocking Charge Rule Change Challenged by AFL-CIO
The AFL-CIO, the largest association of unions in the United States, is seeking to stop the implementation of a rule that would weaken the “blocking charge” rule currently in place. The AFL-CIO has claimed that the rule was passed in violation of the Administrative Procedure Act (APA), and that it was based on several factual errors that were not corrected. The National Labor Relations Board (NLRB), which created the rule, is defending the new rule, stating that the factual errors were not material and that there was no APA violation. Continue reading “Blocking Charge Rule Change Challenged by AFL-CIO”
Employers Can Discipline Newly Unionized Employees According to NLRB
The National Labor Relations Board (NLRB) has issued a ruling making it permissible for an employer to discipline newly unionized employees for violations of the company’s disciplinary policy. The ruling overturns a 2016 decision which made it illegal for an employer to discipline a newly unionized employee due to concerns of potential abuse. However, the Board has ruled that employers have no legal obligation to consider whether an employee has been recently unionized before disciplining them. Continue reading “Employers Can Discipline Newly Unionized Employees According to NLRB”
No Union Organizing During Work Hours, Says NLRB
One of the most persistent problems in labor organizing has been determining when, and where, it is acceptable to organize a union. The rules regarding union organizing have fluctuated over the years, becoming more lenient or less lenient for organizers depending on the political climate. Unfortunately, those organizers have been dealt a significant blow by the National Labor Relations Board (NLRB), in a recent ruling that has prohibited all union organizing during work hours.
Union organizing refers to the practice of workers at a company agreeing to come together to form a labor union. To do this, union organizers must get a majority of the employees at a company to agree to unionize, typically through an election called by the organizers. Typically, organizers will try to speak to employees at work, since that is the easiest place to track them down and talk to them about forming a union. However, employers tend to discourage this sort of activity, and some have brought legal action against employees trying to organize a union during work hours or on their property.
Previously, there had been some wiggle room for organizers wishing to advocate on company property, such as allowing them to organize or petition in public areas like cafeterias or lobbies. However, the recent NLRB decision allows employers to completely ban discussion of unionization during work hours, regardless of where on the property it occurs. Moreover, the decision has reversed precedent that prohibited punishment for merely discussing the prospect of unionizing. As a result, it will become more difficult than ever to organize a union, a fact that employers have cheered but organizers have decried.
If you are looking into unionizing, or you already have a union and are in a dispute with your employer, give the Law Offices of Steven Sack a call. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer who has considerable experience in handling the many aspects of labor and employment law. To schedule a consultation with New York City employment lawyer Steven Mitchell Sack, call (917) 371-8000.
Kickstarter Employees Vote to Unionize
Employees at Kickstarter, the online crowdfunding website, have voted to form a labor union, becoming the first white-collar employees in the tech industry to do so. The union consists of a collection of accountants, content directors and software designers who sought better pay and working conditions from their employer. While the first of its kind, the Kickstarter union may be a sign of things to come in the tech industry. Continue reading “Kickstarter Employees Vote to Unionize”
NLRB Allows Employers to Restrict Employees’ Email
In a recent ruling, the National Labor Relations Board (NLRB) reversed a 2014 decision that gave employees the presumptive right to use their employer’s email system for non-work-related purposes during nonworking time. In the new decision, the NLRB instead ruled that employers retained the right to restrict employee use of an employer’s email system, so long as it did so on a nondiscriminatory basis. This could have a significant impact on employees’ ability to organize for labor purposes.
The new ruling, Caesars Entertainment dba Rio All-Suites Hotel and Casino, the NLRB considered a case where employees were using their employer’s email system when not working to organize for labor purposes. While employers undeniably have a right to control their own property, including their company’s email systems, employees also undeniably have a right under Section 7 of the National Labor Relations Act (NLRA) to communicate for labor organizing. The question is whether the employer’s property right or the employees’ labor rights takes precedence.
Previously, in 2014’s Purple Communications, Inc., the NLRB ruled that an employee who is given access to an employer’s email system has a presumptive right to use that system for labor organizing purposes protected by Section 7 of the NLRA, provided they do not do it during work hours. In the new decision, this was reversed, allowing employers to deny employee access to the email system for labor purposes, provided they do not discriminate in doing so. The only exception to this rule is if there is no other available means for employees to reasonably conduct Section 7 protected activity, but this is a very narrow exception.
If you are looking into unionizing, or you already have a union and are in a dispute with your employer, give the Law Offices of Steve Sack a call. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer who has considerable experience in handling the many aspects of labor and employment law. To schedule a consultation with New York City employment lawyer Steve Mitchell Sack, call (917) 371-8000.