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Tag: pre-hiring issues

NYC Resume Scanning Law Goes Into Effect April 15

A new law in New York City, known as Local Law 144 or the “Automated Employment Decision Tools Law,” will soon come into effect. This law will substantially impact the ability of employers to use resume scanning software to make employment decisions, by forcing them to demonstrate the programs are unbiased in their decision making. The law will go into effect on April 15, at which point employers using these programs in NYC will need to comply with the law’s requirements.

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Misclassifying Employees as Independent Contractors

Across the country, more employers are hiring individuals on an as-needed basis.  This often leads to denying workers benefits such as health insurance, overtime, and sick pay, among others. Hiring employees on an as-needed basis may be a violation of the Fair Labor Standards Act (FLSA). The Department of Labor has set forth a legal test to determine whether or not a worker is considered an employee or a contractor.
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Social Media and the Workplace

You just made a controversial Facebook post about the company you work for forgetting your boss is one of your friends. Can you get reprimanded for what you post on your own personal social network? The laws surrounding social media and the workplace are still developing. The best piece of advice to follow is to always be cautious about what you post, whether you are on your own blog, Facebook, Instagram, or Twitter account. You are responsible for what you post and who sees it, so post restrictively.
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Beware of Signing Employment Contracts with Restrictive Covenants

Restrictive covenants are provisions in employment agreements that prohibit a person from working for a competitor after leaving his or her employer. The effect of such clauses varies greatly. In addition from limiting a former employee’s job opportunities, a restrictive covenant allows an employer to restrict the former employee from starting a business or forming a venture with others that competes against the former employer; contacting or soliciting former or current customers or employees of the former employer; and using confidential knowledge, trade secrets and other privileged information learned while working for the former employer. Many employers also place time and geographical restrictions in these covenants.

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New Bill to Tighten Restrictions on Employer Inquiry into Applicant Criminal Record

A new NYC Council bill proposes barring employers from asking job candidates if they have a criminal record, or have ever been convicted of a crime, and is expected to become law in New York City very soon.

The ‘Ban the Box’ bill would will essentially prohibit the widely used “check boxes” on job applications that ask about past convictions. Furthermore, the new legislation would prohibit employers from inquiring about an applicant’s criminal record until a conditional job offer has been offered.

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Bed Bath & Beyond Fined for Discriminating Against Job Applicants

It is no surprise that individuals convicted of a crime experience hardships when looking for employment. However, can an employer deny an applicant simply based on the fact that the applicant is an ex-con? Earlier this April, New York State Attorney General Eric Schneiderman reminded mega-store Bed Bath & Beyond that those types of discriminatory hiring practices are illegal in New York.

During the investigation, Schneiderman’s office found Bed Bath & Beyond automatically disqualified job applicants with felony convictions without evaluating their criminal records individually, as required by state law.

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    What’s Happening at The Law Offices of Steven Mitchell Sack

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    Our Reviews and Client Feedback

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    Michael Mallett
    Steven was incredibly responsive in my situation, providing deep expertise around employment law and negotiation tactics. Even during the after effects of a snowstorm, he rushed me his book and took numerous calls. He was generous with his time, fair and direct with his guidance, but still allowed for situational understanding and getting to know me. Even though I did not need to retain his full service beyond a consultation, he still let me fully maximize the time he agreed to share and gave me the confidence I needed to handle the situation despite a very complicated SaaS tech situation. I was happy to share back with him that, even though the odds were very slim, his support did end up leading to a slight improvement in my case which is of course better than nothing.

    If you're looking for someone who truly knows the law, how to negotiate, and will do his best to fight for you - even if that's telling you the cold truth about your chances and still giving you support anyway as you ask - you need to call Steven!

    There are very few employment lawyer specialists I have learned with many friends in law and there even fewer with his track record.
    Peter Raczkowski
    Steven is simply phenomenal. From the moment I first tried to contact him through the consultation conclusion. I attempted reaching 5 other NYC-based employment attorneys and all others either didn't respond or had me bouncing between secretaries only to finally send me an intake form anyway. Steven not only responded immediately and in person, but was able to schedule me for a consultation the same day, which was critical given a deadline I had to meet. Our meeting took place punctually at the time scheduled, Steven helped me with my inquiry, explaining all the legal language and answering all my questions exhaustively. He was perfectly clear, thorough, respectful, honest, and patient. He generously sent me one of his bestselling books free of charge, and offered me a free 30 min follow-up consultation on account of our meeting not filling the hour (though it did run well over half hour and was the best price I could find anywhere to begin with). Simply outstanding. You will not easily find another attorney like this anywhere.
    dxr4315
    Steven is excellent. Helped me resolve an employment situation within a day. He was fast, punctual, honest, clear, respectful, kind, and patient with me. He answered my many questions and helped me carefully with the specifics. I felt very taken care of and confident in how I handled my work situation based off his advice which resulted in significantly more favorable terms than if I had done it on my own. I'd be more than happy to utilize his services again in the future. I appreciate the book as well, which I received right away despite being on the opposite coast - it's tremendous. I'm grateful to have been referred to him for what I needed. Thank you, Steven.
    Allie
    I’m incredibly grateful for Steven’s help during a very stressful employment situation. From the start, he was kind, knowledgeable, and reassuring, and he explained everything clearly so I always felt informed and supported. Steven identified the key legal issues quickly and helped resolve my matter in less than 24 hours, which was such a relief during an otherwise overwhelming time. I truly appreciated his honesty, responsiveness, and calm, steady guidance throughout the process. I would highly recommend Steven to anyone looking for thoughtful and effective employment law counsel.
    Alicia Shuster
    Steven is very knowledgeable, direct and efficient. I really appreciated that he was very direct about my prospects from the first discussion and he never wasted my time. If you’re looking for a straight-shooter that will focus on resolution with efficiency I highly recommend him.
    Response from the owner:Alicia, your review is very much appreciated. Please feel free to get in contact if you have any other employment matters to resolve.
    Debbie Dickinson
    Amazing Lawyer and very detailed about how to win your case and I won mine because of his guidance. Thank you Steven Mitchell Sack. Everyone should hire this attorney!
    Response from the owner:Your review is appreciated, Debbie. Please feel free to get in contact if you need anything else in the future.

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