New York State Attorney General Eric Schneiderman recently announced that Examination Management Services, Inc. (EMSI), a medical information and examination services firm, has agreed not to require its non-management employees in the state to enter into restrictive covenants, also known as non-compete agreements. This was reported in Newsday.
Tag: Steven Mitchell Sack
OSHA Post-Injury and Illness Drug Testing and Record-Keeping Rule
As of December 1, The Occupational Safety and Health Administration (OSHA) will begin enforcing the injury and illness record-keeping rule. Under the record-keeping rule, companies with more than 250 employees in covered industries will be required to submit annual injury and illness forms electronically.
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DOL Allows Two Former Uber Drivers to Collect Unemployment Benefits
The New York State Department of Labor has ruled that two drivers who used to work for Uber were considered employees and, therefore, eligible to receive unemployment insurance benefits, as reported by Crain’s New York Business. This decision is considered to be the first of its kind regarding for-hire drivers in New York State.
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Pregnancy Discrimination in the Workplace
Since their integration into the workplace, women have become an important part of today’s labor force. In recent years, working women have made strides to become a critical part of the labor force while simultaneously raising and supporting their families. According to Pew Research Center, mothers serve as the sole or primary provider in 40 percent of households with children. Despite this progress, women have faced a variety of obstacles in the workplace, including one of the most prominent issues: pregnancy discrimination.
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New York Audition Notices Spark Employment Law Concerns
Recently, the Wall Street Journal reported on discrimination in casting calls for the Broadway hit “Hamilton.” Although specifying race, age, and gender is legal in audition calls, the Actors’ Equity Association, a union organization, generally checks the audition notices before going out. The notices for Hamilton, which posted from late 2015, were not reviewed by Actors’ Equity. They have sparked discussion over the formalities and procedures to avoiding discrimination in audition calls.
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Attorney General Schneiderman Announces $46,000 Settlement with C&S for Firing Employees Injured on the Job
Attorney General Eric T. Schneiderman announced on July 22 of last year a settlement of $46,000 with C&S Wholesale Grocers for terminating employees who were injured on the job. The settlement followed an investigation by the Attorney General into C&S Wholesale Grocers, popularly known as “C&S”, the largest wholesale grocery company in the country.
The investigation followed an appeal in which the Attorney General’s Office successfully represented the Worker’s Compensation Board.
Supreme Court Rules Severance Pay Can Be Taxed Under FICA
The Supreme Court recently ruled that lump sum severance payments made to laid-off employees can be subject to FICA taxes. This overrules a decision by the Sixth Circuit Court, which ruled that such payments did not have to be taxed.
In the case of U.S. v. Quality Stores, the store claimed $1 million in FICA tax refunds when it laid off thousands of employees after entering bankruptcy in 2001. In the fall of 2012, the Sixth Circuit ruled that the severance was not subject to FICA taxes.
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Five Effective Ways to Reduce Lawsuits Resulting from Incidents Occurring at Holiday Parties
According to the executive search firm Battalia Winston, 96% of corporations surveyed stated that they would hold holiday parties for their employees this year ― its highest level since 1997. That is up from 91% last year and 74% from two years ago. The survey also showed that 89% of the companies intended to spend the same as last year or more than last year.
For these companies, attorney Steven Mitchell Sack, “The Employee’s Lawyer,” suggests ways to minimize litigation that may arise from situations brought on during corporate holiday parties.
Mr. Sack’s tips include:
Steven Mitchell Sack Offers Five Effective Ways to Reduce Lawsuits Resulting from Incidents Occurring at Holiday Parties
Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” suggests ways to minimize litigation that may arise from situations brought on during corporate holiday parties.
Mr. Sack’s tips include:
- Distribute a zero tolerance memo for sexual harassment. The document should define what constitutes inappropriate behavior and remind workers that anyone who commits sexual harassment before, during, or after the party will be subject to strict penalties, including possible immediate dismissal.
- Consider making the party an alcohol-free event. If alcohol is served, then the company should hire experienced bartenders only (as opposed to volunteer company employees), who are trained to stop serving liquor to those who have imbibed too much. The company should also consider offering car service where applicable.
- Schedule the party when office hours have concluded to avoid claims of failing to pay wages and overtime for hourly workers who attend the function or are required to attend.
- Consider having the event at a location away from, or not affiliated with the company. This will reduce the risk of theft of company property, trade secrets, or other valuable assets that can go missing at such events.
- Inform employees to act discreetly when taking pictures. Posting photographs on social networking sites that are provocative or embarrassing can be detrimental to the business. This is the not the kind of publicity any employer desires.
“The holiday season should be a time for celebration,” said Mr. Sack. “However, when rejoicing with colleagues during such festivities, employees should keep these instructions in mind. There is no need to ruin an enjoyable experience with unfortunate incidents that could have been easily avoided.
For more information, call (917) 371-8000 or visit sack.theprmg.com.
Steven Mitchell Sack to Discuss Employees’ Privacy Rights Regarding Their Health Information on BronxNet’s “Today’s Verdict”
Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” is scheduled to appear on tonight’s edition of “Today’s Verdict,” which airs at 6:30 p.m. on BronxNet.
Mr. Sack will discuss employees’ privacy rights when it comes to their employers, namely the employees’ health information. The topics include whether employers can collect their employees’ health information and possibly use it against them and how the workers and the company (in the interest of a business) can protect themselves from such conduct.
