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Steven Mitchell
Sack

The Employee’s Lawyer®

Welcome to The Law Offices of Steven Mitchell Sack

Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

steven mitchell sack

Class & Collective Actions

New York Employment Lawyer

 

Together with his co-counsel Scott Lucas, Esq., New York employment attorney Steven Mitchell Sack has litigated matters to protect the rights of employees and workers from a variety of wage and hour abuses, including:

  • Failure to pay workers for all hours worked
  • Failure to pay workers overtime
  • Failure to pay workers earned tips and gratuities
  • Failure to pay workers social security and withholding taxes on their wages
  • Failure to pay female workers equal pay

Watch Our Class & Collective Action Video

 

Class Action Lawsuits

Class action lawsuits are lawsuits filed by one or a few individual plaintiffs in state or federal court on behalf of themselves and many other people with similar claims. They are typically used when individual suits are too numerous or expensive to try separately and affect a large number of people. For example, hundreds of people who suffer alleged employment discrimination, including sexual harassment and wage and hour violations are now pursuing their job rights through class action lawsuits. Class action lawsuits are also available to challenge a policy or interpretation of a statute or regulation, such as in a Medicaid case.

Cases are commenced by individuals called class representatives (also called named plaintiffs) who retain lawyers to represent them and the class. These lawyers are usually paid a contingency fee ranging from five to 30 percent of the settlement amount when a settlement or judgment is obtained. Attorney fees are approved by the judge presiding over the class action lawsuit and the remaining funds are divided up among the class members.

Not all cases are allowed to proceed as class actions. After the lawsuit is commenced, a judge will decide whether to approve the case as a class action. Generally, to be allowed to proceed as a class action lawsuit:

1. The class of people must be a clearly definable group.

2. People in the class must have suffered similar harm.

3. Most members must be identified and be able to be contacted.

4. Members of the class must receive the same fair treatment they would get if they brought individual lawsuits.

When these factors are present, a judge may give the group legal status to conduct their suit as a class action. Such a ruling is usually a victory for the plaintiff’s lawyer because class action cases are a very efficient way for lawyers with limited resources to obtain relief for a large number of clients or potential clients.

Also, class action lawsuits save the court and the parties valuable time and money because most members of the class usually share common questions of fact or law so interrogatories, depositions, and other pretrial discovery devices for each individual party is not required.

From the defendant’s perspective, class actions are expensive to defend. One way to try to knock one off at a low cost is to seek summary judgment before the suit is certified as a class action. However, many judges will not dismiss the class action at an early stage to avoid prejudicing the interests of the putative class members.

After a class action lawsuit is approved, the presiding judge will determine the most effective way to notify similarly situated individuals about the existence of the lawsuit and how they can join the action. This often involves sending a letter to thousands of potential litigants or posting details about the case in local, regional or national newspapers and magazines. The judge will attempt to ensure that the best interests of all the members of the class have been adequately represented by the parties who filed the suit and their lawyers. The plaintiff’s lawyer may also seek a summary judgment ruling after certification of the class, which, if successful, will spare the plaintiffs the trial expense while obtaining class wide remedies. Such a motion is aggressively contested by the defendant’s lawyer.

If the motion is not granted (which is generally the case), the discovery phase of the lawsuit begins. After it is completed (usually several years later), the judge may approve a settlement and oversee the distribution of the money to all registered members of the class and those who can be found. The same process occurs if money is awarded by a judge or jury after a trial. Courts look with favor on the voluntary resolution of class action litigation through settlement. No case brought and certified as a class action may be settled or compromised without court approval.

The approval process generally involves several steps: preliminary approval of the proposed settlement and plan of distribution to the class members; approval of the form of notice and dissemination of the notice of the proposed settlement to all class members; and a fairness hearing at which class members may be heard regarding the adequacy of the settlement amount, the method of distribution, and the amount of attorney fees. It is the judge’s responsibility to approve the terms of the settlement and contents of the notice so members of the class who receive it can understand their rights, options and obligations.

The benefit of a class action lawsuit is that claims may be asserted on behalf of absent parties. After you receive notice of the class action (sometimes long after the case is filed) you can join or opt out. If you join, your claims are treated like those of everyone else in the class, and any judgment or release in the lawsuit binds you. Once you elect to stay in, you simply wait until the case is resolved to get what everyone else gets. If, on the other hand, you want to pursue your claim on your own you can opt out of the class, receive none of the benefits of the class action, and are not bound by any decision.

While class action procedures differ in state and federal courts, the reality is that they often provide the only means for hundreds of claimants to effectively litigate their overtime or discrimination claims by providing for pooled litigation resources and greater settlement leverage. If you have a small claim, the time and expense of litigation is often not worth the trouble, so a class action may be the best way to receive payment for your injuries or financial damages. It is also effective if a defendant is obligated to set aside money to pay claims while it is still financially solvent and you believe it may file for bankruptcy or have no assets to pay a private judgment later on.

But if you incurred significant damages which the defendant has the financial means to pay, or aren’t offered an adequate financial recovery, think twice before agreeing to join the class or accept the settlement offer as a class member. Speak to a lawyer to evaluate whether to participate in or opt out of a class action lawsuit. Always obtain sound legal advice because you may be entitled to far more money by opting out of the class. In addition to notification problems and not understanding the terms or ramifications of the settlement, common criticisms of class action settlements arise over excessive legal fees, insufficient payouts to claimants, and settlements that sharply limit recovery for future claims. Be aware of this and act accordingly.

STRATEGY: If you receive a notice in the mail describing a class action that might affect you, or if you see an advertisement in a magazine concerning a suit, follow the directions in the notice and investigate the matter. Usually an e-mail address or telephone number is listed. At some point you will be asked to submit proof of your claim, and a court will review it. If you fit into the certified class and the group bringing the lawsuit wins, you should receive a portion of the amount awarded or benefit in some way from its success.

If you belong to a class and the lawsuit or settlement is successful, read the notice carefully. Contact the judge’s law clerk for more information if you’re unsure what you will receive. Question ambiguous language you don’t understand. Get legal advice if you don’t wish to accept the settlement or desire to opt out of the class and file your own lawsuit.

    If you have experienced any of the below, fill out the form to the right to set up your FREE PHONE CONSULTATION:























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

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    Our Reviews and Client Feedback

    O M
    O M
    1719409663
    Steven and Andrew Sack are incredible people. They went above and beyond what anyone would expect to get an equitable solution on my behalf. I cannot recommend them more highly. The result in my case would not have been possible without their work. Andrew was responsive, clear, and immensely helpful. Also, Steven's book is a great reference for general employment questions.
    Casey Drummond
    Casey Drummond
    1719359618
    As someone who is an avid fan of the TV show Suits, Steven Sack is nothing short of a real life Harvey Spector. He is honest, communicative, does exactly what he says he is going to do and keeps you in the loop every step of the way. I cannot recommend Steven highly enough and will certainly use him again in the future. Thank you Steven!
    You couldn't be in better hands than Steven Sack's for any employment issue. He is simply the best at what he does.As forthright and caring an individual as you will ever meet.A mensch.
    Dave Capodanno
    Dave Capodanno
    1715956144
    Steven Mitchell Sack is the best at what he does and comes with a lifetime of experience in his area of expertise in employment related legal issues. Extremely professional and to the point, he has the ability to cut to the chase and avoid delays and red tape. His goal is to seek justice and make things correct for his client. Steven's mission is to help people that come to him. We highly recommend Steven M. Sack. Dave & Ann Marie C.
    I’ve hired Steven a few times and he was so helpful! He is very honest, professional and personable, and his billing was very reasonable. In a pinch, he is who I call for help.
    Jaime Reyes
    Jaime Reyes
    1713877417
    I had the pleasure of working with Steven. He was able to find an amicable solution to my employment issues. He called me on a regular basis to keep me informed on the progress of my case. He was able to settle my case quickly.
    Robert
    Robert
    1711669190
    Steven is an incredible professional! When you call him he, alone, picks up the phone. He is honest, prompt, courteous and extremely attentive to his clients. He restored my faith that the customer-service ethic is alive and well in the legal profession.I cannot say enough about this fine gentleman; look no further!I am proud to call him my attorney.
    Yeoni Heggem
    Yeoni Heggem
    1710248522
    I appreciate his legal counsel. I went through series of abuse at work but it was not something that I could prove easily. I wish I knew him while I was getting abused but I came to find him after I got laid off. Due to the size of the company being one of the largest corp and have extensive legal team and having let go of many other people with me didn't help my case much. I needed to speak to someone who has realistic approaches and can tell me what I can expect. If you speak on the outcome wise, it wasn't any different before and after I paid $300 so some people might see it as waste of $300. For me, Steven's consultancy made me move on and helped me let go of things that I went through. He encouraged me in a very realistic way and I think I will sign my release and move on as company gave me 2 months to find a job plus more severance. I know most people would have moved on but I wanted answer. Steven's answer was very realistic and in fact was sad but that's not his problem to resolve. American corporations can bully an individual and find a way to make it legal. Steven felt bad about what happened but he gave me what the outcome would be like and essentially said it isn't illegal to bully someone and proving it is due to my autism is not something that can be proved easily. I thank Steven for being my therapist on legal part and I believe that was worth $300 for me. Thank you.
    Latasha Forbes
    Latasha Forbes
    1709836467
    I have worked with Mr Sack twice now and he is fantastic. He is quick to respond, extremely knowledgeable and beyond helpful. He is honest in his opinion and clear in his methods. I appreciate him so much and I would recommend him to anyone in need of clear, sound advice and help.
    Doug Geddes
    Doug Geddes
    1709750851
    Steven did an excellent job handling my case. He is very responsive, intelligent and knowledgably. The results were great, and I'm very grateful to have had him representing me.
    Steven Sack is the best attorney I have ever met. As a non resident alien in New York he provided clear advice and was always available for a discussion or strategic decision. My case was complex and had little changes, but he dit it! Without him I would have been completely lost. Never go without him. would be advice. He is the best of the best.
    Working with Mr Steven Sack was very positive. He set clear expections, was punctual and negotiated a positive outcome on my behalf. Thank you
    Ariel Weiss
    Ariel Weiss
    1703427720
    Steven was super easy to work with and got the job done a lot faster than I expected. Was a really painless process and I am super happy with my experience! I highly recommend using him!
    Marlene Romero
    Marlene Romero
    1703196533
    I am grateful that I was referred to Steven Sack by another law firm. I felt my options were limited and that perhaps a satisfactory resolution was impossible. Then I met Steven Sack. Professional, no-nonsense, and extremely empathetic is what I found within 5 minutes of speaking with Steven. His guidance and support in navigating the process was invaluable. His expertise led to a quick and positive outcome - a severance much more than I had imagined. I am grateful for his hard work and dedication to my case. I highly recommend Steven Sack without reservation.
    Omar F
    Omar F
    1702055241
    Steven Sack is an extraordinary attorney and I am fortunate that I was referred to him by another firm. I can't thank him enough for the help he provided during a very difficult time.During my first conversation with Steven I immediately felt protected. He was empathetic, understood what I was going through, listened to me and asked great questions.After gathering all of my information, he immediately jumped into action and handled everything. Throughout the process, he gave me great advice, was incredibly responsive, provided crystal clear information, always kept me updated, and was super transparent about every single detail throughout the entire process.The result was better than I ever imagined it could be and I credit Mr. Sack's expertise and negotiating acumen with making it happen. Thank you, Mr. Sack!
    Katrina Palen
    Katrina Palen
    1696942561
    I highly recommend Steven Sack. You'll get efficiency, experience, and respect.I was a part of a structured layoff and was referred to Steven Sack. I'm really glad I was able to have him look over my contract and termination and give me the peace of mind that I was treated fairly and walked away with the best possible terms. When you're suddenly let go, emotions and stress can run hotter than normal, but Steven is a sensible, realistic, and pragmatic person who respects your situation and helps you understand what's going on. He brings his experience so that you can breathe a little easier in letting him handle the negotiations and what would be stressful conversations to handle yourself. He's communicative and will let you know the status as things progress, so you're not worrying about updates. Again, I highly recommend you reach out no matter your situation as the consultation process is very easy and Steven is very responsive.
    Cody Ciura
    Cody Ciura
    1691612617
    Steven was fantastic in all areas of his representation. He really cares about his clients. Steven is a great communicator and works hard to obtain the best result.
    Andrew Chung
    Andrew Chung
    1690817138
    Steven was very knowledgeable and personable. I was referred through a good friend, and I was impressed immediately. Steven helped me through my process and I was very pleased with the final result. I will continue to ask for his counsel through my career, thank you!
    Woody Curry
    Woody Curry
    1689257235
    From our first interaction I knew that Mr. Sack was the right lawyer for me. He is a man of strong character who truly believes in fighting for what is right. He has a deep passion for the law & his clients. Mr. Sack doesn’t just talk a good game he stands behinds his convictions. He is direct & to the point when speaking with you. He said from the start that he would be honest & straight forward with me & he was, even when I did not necessarily want to hear the truth. He is compassionate & truly listens to his clients, but he will always tell them the hard truths about their case.Mr. Sacks years of experience speak for itself. Within a matter of several phone calls & emails to myself, my employer & their council he negotiated for me a much-improved severance package. A package that reflected my years of dedicated service, & the value I brought to my former employer. I was as a 23-year veteran employee with an impeccable personnel file & a strong reputation both inside the company & within my field.Bottom line, Mr. Sack is a seasoned professional with a direct, no-nonsense, take-charge approach towards working with his clients & negotiating for them. I would highly recommend him & would not hesitate to use his services again.-Christine TenEyck
    I had the privilege of working with Steven Sack as my employment attorney, and it is with utmost pleasure and gratitude that I write this review. Mr. Sack is a true champion who fought diligently on my behalf, ensuring that my rights were protected and interests were served. His unwavering dedication, exceptional responsiveness, and unparalleled professionalism set him apart as a remarkable advocate.From the moment I reached out to Steven Sack, I was impressed by his promptness in addressing my concerns. His responsiveness was nothing short of exceptional. He consistently made himself available to discuss my case, answer my questions, and provide me with the guidance I needed. I always felt valued as a client, as he took the time to listen attentively to my story and understand the intricate details of my situation.Throughout the entire legal process, Mr. Sack exhibited the highest level of professionalism. He approached my case with meticulous attention to detail, leaving no stone unturned. His expertise and experience in employment law were evident as he skillfully navigated the complexities of my situation. With each interaction, he displayed a deep understanding of the law and an ability to explain complex legal concepts in a clear and concise manner, ensuring that I was well-informed and able to make sound decisions.What truly sets Steven Sack apart is his unwavering commitment to his clients' best interests. He consistently prioritized my well-being and fought vigorously to achieve the best possible outcome for me. Throughout the process, Mr. Sack provided invaluable guidance, ensuring that I had a comprehensive understanding of my options and the potential consequences of each decision. His astute judgment and strategic approach allowed me to make informed choices that ultimately led to a more favorable resolution than I had initially anticipated.One aspect of working with Steven Sack that left a lasting impression was his integrity and reliability. He consistently followed through on his commitments, which provided me with a sense of trust and confidence. I was never left in the dark, wondering about the progress of my case, as he provided regular updates and promptly communicated any developments. Mr. Sack's professionalism and reliability instilled in me a sense of comfort and security during what could have been an overwhelming and stressful experience.In conclusion, Steven Sack is simply the best at his craft. His unwavering commitment to his clients, his exceptional responsiveness, his unmatched professionalism, and his ability to provide the best possible guidance are qualities that make him stand head and shoulders above the rest. I am eternally grateful for his outstanding representation, as it resulted in a better outcome than I could have ever imagined. If you find yourself in need of an employment attorney, I wholeheartedly recommend Steven Sack. With him by your side, you can rest assured that you will receive top-notch legal counsel and an advocate who will fight fiercely for your rights.
    Katrina Murray
    Katrina Murray
    1687950829
    This review comes less than 1 week of meeting Steven. From the first telephone call he was confident, professional and honest. He comes with experience that equal results. I was referred to Steven by another law firm for his expertise with my employment situation. I’m so happy the connection was made. I was given an appointment for the same evening for a consultation, though I opted for another day. In less than 72 hours..Huge progress was made. I have a ways to go but I’m convinced that I’m in good hands with Steven. I also received a FREE signed hardcover copy of Steven’s best selling book “FIRED!”. Thank you Steven you are THE BEST.. hands down.
    Christian Clare
    Christian Clare
    1685403495
    Steven Stack helped me with an unfair severance package.I had one session with him and he helped me get triple my severance and additional bonuses by taking his advice and reading his book. If you have an unfair severance, his time and advice is worth it.Steven does good work. He's the real deal. I'm so grateful for his generosity with his time, and helping people in cases big and small.
    I had the pleasure of working with Mr. Steven Mitchell Sack, Esq. this year.Steven is honest with his clients, sets realistic expectations about a case, and always follows through on his promises.I was referred to Steven by a friend of mine, his former client, and now I myself can highly recommend Steven to anyone seeking legal help in labor relations.
    Steven was straight to the point, thorough and extremely respectful regarding all matters surrounding my employment termination. As a young person who had never hired a lawyer before, I am very thankful that I found Steven and that he was on my side. Steven valued my concerns and was a pillar of education and support for me. Steven Sack is the attorney you want to represent you, I cannot thank him enough for all of his help.
    Marissa Alaniz
    Marissa Alaniz
    1682088068
    Steven was so helpful and patient. I had never been terminated from a job or worked with a lawyer before, so I had a lot of questions and anxieties. He not only explained my rights and helped ease my concerns around the situation, but he was even able to negotiate a better severance contract for me. He is incredibly responsive and I look forward to reading his book.
    cheryl klein
    cheryl klein
    1681421935
    I retained Steven Sack and he is a class act. His knowledge and advice was far beyond what I expected. I had learned so much. I am so happy to have found him. He is the real deal. You will be glad to have him on your side.
    Anonymous
    Anonymous
    1680819625
    Steven Sack is a an incredible Lawyer. Very professional, kept me updated thru the whole process. Can’t thank him enough. I recommend him. 5 stars are not enough.
    Lola
    Lola
    1679687265
    I had a great experience with Steven Mitchell Sack. He was very empathetic, detail oriented and extremely knowledgeable of employment law. He returned my calls and e-mails quite promptly, and was very clear and honest with what to expect. When it came to negotiating my severance package, this attorney came through for me. He’s tough, but knows how to talk to lawyers, particularly in my case as we were dealing with a huge company. Thank you Steve, I’m so appreciative of your help.
    hazal kork
    hazal kork
    1677624757
    Steven really knows what he is doing, and he helped me get justice, cared and understood about what really happened. Will recommend him to any friend who might need it in the future.
    Renee P
    Renee P
    1677531667
    Steven is an outstanding lawyer! He exceeded my expectations. He not only made me feel comfortable discussing my case from the start but was also very honest, attentive and does what he says! He is truly the BEST!!
    Rob Long
    Rob Long
    1677167052
    Steven pulled victory from the clutches of defeat. My situation was grim and I had no leverage in negotiating my severance. Steven stepped in, didn't over promise, and got me much better terms. He's great. An absolute miracle worker.
    Mr. Sack helped me get a severance when my employer had no intentions of providing me with one, after I was terminated. He tells you the truth; no bs, even though it might not be what you want to hear. He always answered my calls personally and exlpained next steps in details. He fought for my rights, and I'm very pleased with the outcome. Highly recommend!!
    Cenk Dölek
    Cenk Dölek
    1676157347
    Steven Sack is not only very knowledgeable in his profession, he is also a good person, someone who believes in and lives by certain values and principles. He was very professional, guided me as I needed, a true expert by all means. Looking forward to reading his latest book!
    Ka Kong
    Ka Kong
    1676137967
    Mr. Steven Sack has played an integral role in negotiating my severance package from my employer. He is an expert attorney on employee rights and works diligently on his client's behalf to achieve the most favorable outcome. I have never met a lawyer who has shown such dedication to his client.
    Ricky Sharma
    Ricky Sharma
    1675876149
    Steven is an incredible person that also happens to practice his craft on a level that will impress you out the gate. Hiring him and talking to him will immediately give you peace of mind. One thing to be careful of is that after working with him you will start expecting more from every other lawyer you ever work with!
    David LaCombe
    David LaCombe
    1675382537
    Steven Sack exceeded my expectations when he represented me in negotiating the terms of my severance. Steven is incredibly competent, and what I appreciate most about him is that he is a gentleman.Steven is punctual, thorough and he always kept his word. If he says he is going to do something, he does it.I recommend Steven without exception. He earned my complete confidence.
    J Guttenplan
    J Guttenplan
    1675289769
    Steven is amazing. When working with him he is easy to understand, transparent, and does what he says he's going to do. He actually answers his phone when you call and gets back to you promptly -- a quality that's becoming quite rare these days!I'm very glad I was referred to him.
    Eddie Vargas
    Eddie Vargas
    1669919365
    I had the absolute pleasure of being represented by Steve and it was definitely more than a great partnership. He was with me throughout the entire process and the communication was absolutely stellar. Highly recommend Steve and his professional skill should you ever be in need of legal counsel or representation. Thank you Steve!
    J M
    J M
    1669067663
    Jeff R
    Jeff R
    1667326739
    Steven is a highly competent lawyer and extremely effective at what he does. Steven was referred to me and I will gladly refer him to others in the future.
    Steven is an incredible attorney and I highly recommend him!He always made himself available whenever I needed him, and he did exactly what he said he was going to do. He also stayed on top of my case with diligence, and consistently followed up with me regarding updates. I found him to be straightforward, honest and very knowledgeable. He is also a very nice guy and made me feel like someone was on my side and was going to help, and he gave great advice on how to move forward. I will certainly reach out to him if I ever need him again. Thanks greatly Steven!Vanessa S.
    A E
    A E
    1664895308
    Steven is fantastic. Efficient, concise and caring. Would 100% recommend.
    Bravheart
    Bravheart
    1664296141
    Steven Sack was very Professional, Sympathetic and truly cares about people he was very vital in helping me in resolving my issue Steve Sack truly loves his job & stress free. He was extremely responsive worked quickly, negotiating on my behalf. And it was worth it! I would definitely use him again with no hesitation!
    Brian Dunne
    Brian Dunne
    1663353965
    Steven is a highly professional and effective attorney. He is knowledgeable, honest, and transparent. I highly recommend working with him on employment contracts and any other related matter.
    Akbar Jaffer
    Akbar Jaffer
    1663282887
    I first heard of Steven on a morning radio show talking about his new book, Fired! Coincidently soon after that I needed somebody like him.Steven is super smart, very knowledgeable, thorough, and understands what a person is going through who is either accepting an offer or just got laid off or fired. He was very prompt to respond and turned things around within hours. Best part, his hourly rates are very reasonable.Steven is now on my permanent call list for all things employment law.
    Liz H.
    Liz H.
    1662499717
    Mr. Steve Sack did a great job with negotiating my employment separation agreement. He was able to get me more money in severance and an additional week of PTO. In addition, he was diligent with constant follow-up on my behalf with my former employer's attorney (who were very slow to respond), and with me for revisions in the agreement and obtaining the proper signatures over the course of several months. I would definitely recommend him.
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