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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: 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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    Idan Eckstein
    Steve is awesome. Honest and tells it like it is. So happy I spoke with him.
    Jessie Dafick
    I can't recommend Steven Sack highly enough. He is an exceptional employment lawyer—knowledgeable, strategic, responsive, and incredibly effective. From our first conversation, I felt confident that I was in the best possible hands.

    Steven achieved an outcome that far exceeded my expectations and brought an enormous sense of relief during an incredibly stressful time. His expertise, professionalism, and ability to navigate a difficult employment matter were truly outstanding.

    If you're looking for an employment attorney who is experienced, compassionate, and delivers results, I would wholeheartedly recommend Steven Sack.
    Alexandra Lombardo
    From my very first conversation with Steven, I knew I was in good hands. He took the time to truly listen to my situation, made me feel heard, and immediately gave me confidence that I had the right team on my side during one of the most difficult times in my life. One gesture that I’ll never forget was when he sent me a copy of his book with a thoughtful handwritten note. It wasn’t something he had to do, but it showed the kind of person he is and how much he genuinely cares about the people he represents. His guidance went far beyond legal advice. I can’t say enough about how grateful I am for Steven and the decades he has dedicated to advocating for his clients. It’s clear that this isn’t just a profession for him. He truly cares about helping people move forward. I feel incredibly fortunate to have been one of his clients, and it was an honor to work with him. I’m deeply grateful for everything he did for me and would recommend him without hesitation.
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    Steve was great. He really cares about his clients. He always takes your calls, is on top of every detail. His follow through is second to none. I would absolutely highly recommend him!
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    I have heard about Steven being exceptional, i.e real "employee attorney", straightforward and honest. Now, I have'd first hand experience working with him and can add to that he is also a remarkable human being - tough, and realistic, and a real pleasure to work with: he is returning calls 24/7 and get you the best deal you can possibly hope for!

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