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Tag: new york

New York Employment Lawyer, Steven Sack, discusses labor issues in New York and how to resolve legal issues in the workplace.

NYC Earned Sick Time Act May Be Expanding

Mayor Bill de Blasio and incoming Council Speaker Melissa Mark-Viverito announced that the New York City Council will look to expand the Earned Sick Time Act within the year.

According to the Mayor, the updated law would: (i) protect an additional 500,000 City employees, including those in the manufacturing sector, by expanding the paid leave requirement to employers with 5 or more employees starting in April 2014; (ii) expand the definition of family members so that employees could use sick leave to care for grandparents, grandchildren and siblings; and (iii) allow employees to use sick time as they accrue it rather than wait 120 days after they started working.

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Golf Course Accused of Age Discrimination by Former Employee

Ramon Alcantara, a former employee of Pebble Beach Co. for over 20 years, alleges he was fired as a result of age discrimination late in 2013. According to the complaint, Alcantara, who is over 55 years of age, injured his back while replacing a 50-pound pump motor at the beach and tennis club.

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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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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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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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