Category: Steven Mitchell Sack

NEW YORK, NEW YORK — The New York State  Department of Labor has announced that the minimum wage will go up starting next year. Attorney Steven Mitchell Sack, “The Employee’s Lawyer^®,” author of his latest book “FIRED! Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” and host of the podcast “Know Your Job Rights with Attorney Steven Sack,” urges state employers to be mindful of this change when setting their workers’ salaries.

Effective January 1, 2024, the minimum wage will increase to $16.00 from $15.00 an hour for workers in Long Island, New York City, and Westchester County. For the rest of the state, employees will receive a raise from $14.20 to $15.00 an hour.

Salary rates have also been established for those who rely on tips. Tipped service workers such as barbers, hairstylists, and taxi drivers in Long Island, New York, and Westchester County will earn a cash wage of $13.35 an hour and a $2.65 tip credit. Tipped food service workers like waiters, waitresses, and baristas who work in these regions will receive a cash wage of $10.65 an hour and a tip credit of $5.35. For those outside the aforementioned areas, tipped service employees will receive a cash wage of $12.50 hourly, with a tip credit of $2.50; food service workers who are tipped will be paid an hourly cash wage of $10.00 and a tip credit of $5.00.

Home care aides will also see a bump in their salaries, according to the state Labor Department. Those who work in Long Island, New York City, and Westchester will receive an hourly wage of $18.55, compared to $17.00 the year before. For those throughout the rest of the state, they will see their salaries rise from $16.20 to $17.55 an hour.

“Soon, all employers who have hourly workers on their payroll must make the necessary adjustments,” Mr. Sack says. “These new rates must be set, as mandated by the state. If you receive an hourly wage and are not being paid the current rate, please contact an employment attorney immediately.”

For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing the workplace rights of employees, executives, and sales representatives for more than 44 years. He is a practicing labor and employment attorney, author of 20 books, a lecturer, syndicated radio talk show host, and host of the podcast “Know Your Job Rights with Attorney Steven Sack.” With attorney Scott A. Lucas, he obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees and a favorable New York Court of Appeals decision for a group of waiters who were denied their fair share of tips that a caterer withheld. For more information, visit www.theemployeeslawyer.com.

More Companies Are Hosting Festive Events Post-Pandemic, But Remote Workers Who Have Not Personally Interacted with Co-Workers in a While May Cause Problems

NEW YORK, NEW YORK — With the pandemic lockdown behind us, people are starting to return to the office and more companies are beginning to bring back the traditional holiday party. However, employers need to be concerned about their workers getting too much into the holiday “spirits.” Attorney Steven Mitchell Sack, “The Employee’s Lawyer^®,” offers suggestions on how companies can minimize litigation that may arise from situations brought on during corporate holiday parties.

The Baton Rouge Clinic cited numerous surveys that show a troubling trend regarding remote workers and alcohol use. The clinic found that one-third of those who worked from home during the pandemic were drinking. Another survey found that nine out of 10 employees still working remotely admitted to drinking alcohol during office hours and approximately 45% said they left the “office” early to grab a drink.

“The lack of personal interaction with fellow co-workers and their use of alcohol on the job may pose problems for companies at holiday parties,” Mr. Sack says. “They may continue to drink profusely and engage in unacceptable and inappropriate behavior around their colleagues.”

To avoid these situations, Mr. Sack advises companies to make the party an alcohol-free event; if alcohol is served, they should hire professional bartenders. “Companies should not have employees volunteer as bartenders,” he says. “They may not know how much their co-workers have had to drink. It is best to hire professional bartenders who know when to stop serving someone who has had too much.” If someone has imbibed too much, Mr. Sack says, the company should also consider offering a car or a rideshare service.

Mr. Sack also advises employers to email workers 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,” he says.

If photos are taken at the event, Mr. Sack says, they should be tasteful and discreet, especially if they are going to be posted on the company’s social media sites. “Posting photographs that are provocative or embarrassing can be detrimental to the business,” he says. “This is not the kind of publicity any company desires.”

Other tips Mr. Sack offers include:

● 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.

● Refrain from discussing workplace issues with co-workers or supervisors. This may lead to arguments and bring down the mood during the festivities. Wait until the next workday to address them.

“The holiday season should be a time for celebration,” says 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 www.theemployeeslawyer.com.

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing the workplace rights of employees, executives, and sales representatives for more than 44 years. He is a practicing labor and employment attorney, author of 20 books, a lecturer, syndicated radio talk show host, and host of the podcast “Know Your Job Rights with Attorney Steven Sack.” With attorney Scott A. Lucas, he obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees and a favorable New York Court of Appeals decision for a group of waiters who were denied their fair share of tips that a caterer withheld. For more information, visit www.theemployeeslawyer.com.

NEW YORK, NEW YORK — The U.S. Department of Labor has recently proposed a new rule that would raise the salary threshold for workers who work more than 40 hours a week and are eligible for overtime. If this is approved, it would mean an additional 3.6 million workers in the U.S. would receive time-and-a-half after 40 hours.

Attorney Steven Mitchell Sack, “The Employee’s Lawyer^®,” author of his latest book “FIRED! Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” and host of the podcast “Know Your Job Rights with Attorney Steven Sack,” says the Labor Department’s proposed rule would help those employees improve their way of life and bring some self-worth to themselves.

On August 30, the Labor Department issued a proposed rule that would raise the salary threshold to $55,068 annually — an increase of 54.8%. The proposed threshold is approximately $2,000 a year below the median national salary of $57,000.

The last time the threshold was raised was in 2019, when it was $35,369 annually; according to the Society for Human Resource Management, the amount from three years ago would be worth $42,594 a year today when adjusted for inflation. In 2016, then-President Barack Obama attempted to increase the threshold to $47,476 yearly, but, after legal challenges by state governments and business groups, a federal judge ruled against it.

Under the proposed DOL rule, store supervisors, restaurant managers and millions of hourly workers would be eligible for time-and-a-half pay if they work more than 40 hours a week. In addition, the agency is looking to update the threshold every three years and align it with “current wage data.”

“I believe the new DOL rule would get these workers out of difficult financial situations and allow them to take home the extra money that they deserve,” Mr. Sack says. “Most of these employees are overworked and underpaid. This proposed new rule would fix this injustice that employees have had to endure for years and pay them what they are worth.”

For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing the workplace rights of employees, executives, and sales representatives for more than 41 years. He is a practicing labor and employment attorney, author of 20 books, a lecturer, syndicated radio talk show host, and host of the podcast “Know Your Job Rights with Attorney Steven Sack.” With attorney Scott A. Lucas, he obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees and a favorable New York Court of Appeals decision for a group of waiters who were denied their fair share of tips that a caterer withheld. For more information, visit www.theemployeeslawyer.com.

NEW YORK, NEW YORK — The Federal Trade Commission (FTC) recently announced it has proposed a rule to ban companies from imposing noncompete clauses on their employees. The agency said that noncompetes put workers at a serious disadvantage and repealing these restrictions would increase the employees’ earnings by almost $300 billion a year.

Attorney Steven Mitchell Sack, “The Employee’s Lawyer^®,” author of his latest book “FIRED! Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” and host of the podcast “Know Your Job Rights with Attorney Steven Sack,” says the FTC’s proposed rule will embolden workers’ rights and provide them with better job opportunities in the future.

The FTC will soon be taking public comments on the proposed rule, which states that noncompete clauses result in unfair competition, in violation of Section 5 of the FTC Act. The agency further states that adding these clauses into employees’ agreements hinders economic development and entrepreneurship by preventing new companies from hiring workers from neighboring employers.

Mr. Sack has noted that this proposal is another example of the federal government continuing to support workers’ rights. “There is no reason why an employer should determine where an employee can and cannot work once they leave their job,” he says. “The FTC proposal will give workers the freedom to work wherever they want and make as much money as they want. I urge those who plan to submit a public comment to show their support for this rule.”

For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing the workplace rights of employees, executives, and sales representatives for more than 41 years. He is a practicing labor and employment attorney, author of 20 books, a lecturer, syndicated radio talk show host, and host of the podcast “Know Your Job Rights with Attorney Steven Sack.” With attorney Scott A. Lucas, he obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees and a favorable New York Court of Appeals decision for a group of waiters who were denied their fair share of tips that a caterer withheld. For more information, visit www.theemployeeslawyer.com.

NEW YORK, NEW YORK — Attorney Steven Mitchell Sack, “The Employee’s Lawyer^®,” and author of his latest book “FIRED! Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” has announced that he has launched a new podcast titled “Know Your Job Rights with Attorney Steven Sack.” This podcast will educate listeners on what they should do if they have been unjustly terminated or if they have been denied benefits, commissions and other forms of compensation after a firing or a layoff.

The first episode, “Depp & Defamation,” examines how those who are seeking a new job can be subject to slander by a former employer, thereby destroying any chances for the job seeker obtaining future employment. One case he talks about focuses on a group of employees who were fired from an insurance company for refusing to falsify expense reports. The employer claimed the workers were terminated for “gross insubordination.” The employees sued and won their case, each one of them receiving $350,000 in damages.

“The case is significant because, in some states, employees fired on false charges of bad conduct can sue their former employers for defamation, even if it is the workers themselves that are compelled to disclose the false information in the interview, and we call that compelled self-defamation,” Mr. Sack said.

Defamation, Mr. Sack said, “is defined as any false statement about an employee which is communicated by an employer to a third party that harms the employee’s reputation or deters others from dealing with him or her in a business setting. A statement can be defamatory when it holds an individual up to scorn or ridicule, accuses an individual of committing a criminal offense, having a loathsome disease like AIDS, or impugns an individual’s honesty or competence in certain cases.”

Mr. Sack says there are two forms of defamation: slander, in which false accusations against a worker are spoken, and libel, in which those falsehoods are in writing. In order for workers to protect themselves from defamation, he offers the following advice:

• Do not sign a release — this will hold the employer harmless and shield them from liability for any false statements they make to a third party.
• Review the company’s purposed separation agreement — the company will ask the employee not to disparage the company in any way, but the employee should request that the agreement be mutual.
• Negotiate to receive a positive reference agreement — in the event the employee is terminated, he or she can receive a favorable reference from their former employer.
• Seek legal action immediately if given a negative reference — this should be done in the event the employer terminates the worker and provides a negative reference in retaliation for a harassment or discrimination claim.
• Act promptly if the former employer made defamatory remarks — not acting sooner may hinder the employee’s ability to find a job.
• Use your state’s “service letter” statutes — some states make it a crime for ex-employers to provide negative references that are false and allow terminated employees to sue if they do not obtain a written statement from the ex-employer stating the real reason for the termination.
• Research your state’s defamation and job reference laws — employees should send a letter to their ex-employer explaining the true reason why they were fired and demand a response within a certain amount of time, or else the company will be in violation of the state’s service letter statute.
• Consult with an employment attorney — if an employee believes he or she is unemployable because of a former employer’s defamatory statements, he or she should meet with an employment attorney immediately.
• Recognize your rights while fighting defamation — defamation need not occur after termination; it can happen during the worker’s employment period.

“Whenever you believe that false information or poor references have been given to prospective employers, especially after your discharge, companies face more legal exposure from leaking personal or confidential information after a firing than from a firing itself,” Mr. Sack said. “Know your rights and take action if you’ve been wronged.”

Mr. Sack’s podcast is available on Spotify and YouTube. For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing the workplace rights of employees, executives, and sales representatives for more than 41 years. He is a practicing labor and employment attorney, author of 20 books, a lecturer, syndicated radio talk show host, and host of the podcast “Know Your Job Rights with Attorney Steven Sack.” With attorney Scott A. Lucas, he obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees and a favorable New York Court of Appeals decision for a group of waiters who were denied their fair share of tips that a caterer withheld. For more information, visit www.theemployeeslawyer.com.

NEW YORK, NEW YORK — June is LGBTQ+ Pride Month, which allows those to freely express their sexual identity and preference. Steven Mitchell Sack, “The Employee’s Lawyer,” says that employers may be subject to fines and penalties if they do not extend worker protections for lesbian, gay, bisexual, transgender, queer or other (LGBTQ+) employees.

According to The National LGBTQ Workers Center, one in four employees who identify as LGBTQ has experienced discrimination in the workplace due to their sexual orientation or sexual identity. Further, 27% of transgender workers said they were fired, denied job opportunities or promotions and 22% of LGBT workers did not make the same amount of money as their colleagues. When it comes to benefits, only 20% of U.S. companies offer paid family leave for LGBT employees.

In 2002, New York State passed The Sexual Orientation Non-Discrimination Act, which prohibits employee discrimination and/or harassment based on their actual or perceived sexual orientation. “In New York City, employers cannot ask their employees to ‘dress like a woman’ or tell them their behavior isn’t ‘manly enough,’” Mr. Sack said. “It is illegal to harass, name-call, or insult someone because they are LGBTQ or to misgender a transgender man by repeatedly calling him ‘her’ or ‘Ms.’ at work when he has made it clear that his pronouns and title are ‘he and him’ and ‘Mr.’”

While victims of such discrimination or harassment may be awarded compensatory damages for pain and suffering and the monetary value of any lost wages of benefits, the New York City law allows victims to collect punitive damages and attorneys’ fees. “Before filing a formal complaint against your employer, do your research and see which town or city closest to you provides the strongest protection,” Mr. Sack says. “Speak to a competent employment lawyer for advice and guidance in this area where applicable.”

Mr. Sack has been an employment attorney for more than 41 years. He is the author of 20 books, including his latest release, FIRED! Protect Your Rights & FGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit. He is a practicing labor and employment attorney and the author of 20 books, a lecturer, syndicated radio talk show host, and host of the podcast “Know Your Job Rights with Attorney Steven Sack.” Together with attorney Scott A. Lucas, he obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees and a favorable New York Court of Appeals decision for a group of waiters who were denied their fair share of tips that a caterer withheld.

For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

 

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing the workplace rights of employees, executives, and sales representatives for more than 41 years. He is a practicing labor and employment attorney and the author of 20 books, a lecturer, syndicated radio talk show host, and host of the podcast “Know Your Job Rights with Attorney Steven Sack.” Together with attorney Scott A. Lucas, he obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees and a favorable New York Court of Appeals decision for a group of waiters who were denied their fair share of tips that a caterer withheld. For more information, visit www.theemployeeslawyer.com.

Steven Mitchell Sack Releases His 20^th Book, “FIRED! Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit”

 

NEW YORK, June 10, 2022 — You have been with the same company for a long time; suddenly, you are fired through no fault of your own. You have suffered sexual harassment and discrimination, but you’re terminated when you complain. You are forced to resign, but you’re denied unemployment insurance benefits once you leave. After being laid off, you receive an unfavorable job reference. What can you do about it? Plenty, according to attorney Steven Sack!

Steven Mitchell Sack, “The Employee’s Lawyer” and the author of “The Employee Rights Handbook,” has released his 20^th book titled, “FIRED! Protect Your Rights & Fight Back If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit.” The book is a unique legal guide that provides essential information workers need to adequately protect themselves before, during, and after their jobs have ended. Mr. Sack explains how employees can anticipate and avoid uncomfortable situations when they know they are about to be laid off, wish to resign, or want to negotiate and receive a better severance package with health insurance and other benefits.

The book is divided into three parts to help readers better understand their situation and how to improve it:

• “Determining When You Are Being Treated Unlawfully” covers discrimination based on age, sex, pregnancy, disability, race, religion, and retaliation. It discusses exceptions to the at-will doctrine, including whistleblowing, attending jury duty, being separated due to a massive layoff, or being fired in violation of a promise or company rule.
• “Negotiating The Best Severance Package After You’re Fired” provides tips on recognizing the signs you will be fired, taking charge of your career, getting the best package, confirming the deal in writing, and taking practical steps to protect your rights.
• “Fighting Back” explains how to resign from a job if you must properly maximize unemployment benefits and protect your job references.

In addition, there are chapters on defamation lawsuits dealing with restrictive covenants, trade secrets, gag orders, and other post-termination restrictions, plus advice on employment litigation, arbitration, and mediation. Mr. Sack also provides guidance on hiring and working effectively with a lawyer to improve the chances of success.

FIRED! also features many tools to help you if you are terminated, including a glossary, index, legal forms, letters to send, and agreements to help protect your rights.

“A job is like a romance,” Mr. Sack says. “Employers woo applicants with promises of riches, security, and fulfillment, then often dump them when the honeymoon is over. Many don’t receive promised benefits such as year-end bonuses, commissions, health insurance, overtime, and severance pay. Others are fired without cause through no fault of their own. However, most workers have more rights than they think. Remember: every firing is negotiable.”

The book is available in hardcover for $34.99 plus $5.01 for priority mail, shipping, and handling through the publisher, Legal Strategies Publications (www.legalstratpub.com). The $24.99 softcover and the $19.99 eBook can be purchased at local bookstores and distributors, including Amazon and Barnes & Noble.

To request a review copy or schedule an interview with Mr. Sack, contact Hank Russell at (516) 983-3890 or hrussell@theprmg.com.

For more information about the book or to speak with attorney Steven Sack, call (917) 371-8000 or visit www.legalstratpub.com.

 

Publication Date: November 15, 2022

Business, Career, Labor Law

ISBN: 979-8-9857906-0-3 (Hardback) — $34.99                      LCCN: 2022933574

ISBN: 979-8-9857906-1-0 (Paperback) — $24.99

ISBN: 979-8-9857906-2-7 (eBook) — $19.99

444 Pages, 6 x 9, Glossary Sample Forms, Letters, Legal Documents

Distribution: Baker & Taylor, Brodart, Ingram and all wholesalers

 

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing the workplace rights of employees, executives, and sales representatives for more than 41 years. He is a practicing labor and employment attorney and the author of 20 books, a lecturer, syndicated radio talk show host, and host of the podcast “Know Your Job Rights with Attorney Steven Sack.” Together with attorney Scott A. Lucas, he obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees and a favorable New York Court of Appeals decision for a group of waiters who were denied their fair share of tips that a caterer withheld. For more information, visit www.theemployeeslawyer.com.

NEW YORK, NEW YORK — On January 4, 2022, a new law went into effect that prevents construction firms and their subcontractors from defrauding their employees. Steven Mitchell Sack, “The Employee’s Lawyer,” says this new law will increase the rights of construction laborers.

The new law — sponsored by New York State Senator Jessica Ramos, who also chairs the state Senate’s Labor Committee — allows workers to seek unpaid wages from the subcontractor as well as the construction firm that hired out the company for the project. Both the company and the subcontractor will be held responsible for repayment sought by the workers. The purpose of the law is to have general contractors keep a close watch on the firms they hire and make it easier for workers to recover any lost or stolen wages.

“This law should bolster the employee’s rights and protect their paychecks from unscrupulous construction firms,” Mr. Sack says. “Many subcontractors take advantage of these workers and not pay them what was initially agreed upon. Those who work in construction have very dangerous jobs and should be rightly compensated for a day’s work.”

For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing workplace rights of employees, executives, and sales representatives for more than 40 years. He is a practicing attorney concentrating in employment law, as well as an author of 19 books, a lecturer and syndicated radio talk show host. Together with attorney Scott A. Lucas, they obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees, as well as a favorable Court of Appeals decision for a group of waiters who were denied their fair share of tips that were held back by a caterer. For more information, visit www.theemployeeslawyer.com.

NEW YORK, NEW YORK — Effective January 1, 2023, employees in New York State will be allowed to take extended leave to care for siblings who are seriously ill. Steven Mitchell Sack, “The Employee’s Lawyer,” says this new law will help those focus their time on caring for a loved one without having to worry about losing their jobs.

On November 1, 2021, New York Governor Kathy Hochul signed into law two bills sponsored by New York State Senator Joseph P. Addabbo, Jr. and state Assemblywoman Sandy Galef, that will allow employees to take up to 12 weeks of paid family leave to care for a sibling — whether related by blood or through marriage — half-sibling or adopted sibling who is suffering from serious health problems.

This builds upon the existing Paid Family Leave law that went into effect in 2018, which allowed employees to take an extended period of time off to bond with a newborn, adopted or fostered child, care for a loved one who is seriously ill or look after family members when a loved one is deployed overseas for military service. As with the previous law, workers can take up to 12 weeks off at 67% of their pay. However, at the time, the legislation did not include caring for siblings.

“It is only right that the Paid Family Leave law be expanded to cover care for a sick brother or sister,” Mr. Sack says. “By expanding this much-needed legislation, employees will have that work-life balance and not have to worry about their job while caring for a loved one who is seriously ill. If you believe you might be unable to get the needed time off without risking the loss of your job, contact an employment law attorney immediately.”

Mr. Sack has been an employment attorney for more than 40 years. He is known for successfully representing a group of waiters in Samiento v. World Yacht Inc. The landmark New York Court of Appeals decision made it more difficult for restaurants and caterers to keep gratuities intended for their wait staff. He is the author of The Employee Rights Handbook, which has been called a “first-aid kit” for current and prospective employees, giving them the information they need to understand their job rights and protect and assert themselves to collect what is due; telling his readers and clients that “every firing is negotiable.” He served as plaintiffs’ counsel on behalf of three women who were wrongfully terminated when their employer discovered they were pregnant. A Bronx Supreme Court jury awarded the plaintiffs $6.2 million.

For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.

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About Steven Mitchell Sack

Steven Mitchell Sack, “The Employee’s Lawyer^®,” has been enforcing workplace rights of employees, executives, and sales representatives for more than 40 years. He is a practicing attorney concentrating in employment law, as well as an author of 19 books, a lecturer and syndicated radio talk show host. Together with attorney Scott A. Lucas, they obtained a $6.2 million jury verdict in 2015 on behalf of three pregnant employees, as well as a favorable Court of Appeals decision for a group of waiters who were denied their fair share of tips that were held back by a caterer. For more information, visit www.theemployeeslawyer.com.

 

NEW YORK, NEW YORK —Effective July 5, 2021, fast food employees working in the five boroughs of New York City will no longer have to worry about being terminated without reason. This means employers must show “just cause” as to why a worker should be fired. Steven Mitchell Sack, “The Employee’s Lawyer,” says this new law will help protect workers in low-paying jobs from being unfairly fired, especially if this job is their single source of income.

Under the new law, an employer will be required to show proof that a worker failed to perform their necessary duties or engaged in misconduct prior to terminating their employment. To ensure that they will not be dismissed on the spot, employees will be given a series of warnings and appropriate disciplinary actions prior to being fired. In addition, companies will be required to offer employment to former employees before hiring new employees.

Mr. Sack says this bill is a big step in the right direction because it further protects worker’s rights, especially in at-will states such as New York, where employers maintain the right to fire employees at any time for any reason, except on the basis of age, race, gender identification, religion, national origin, physical and/or mental disability, sexual preference, or military status.

“This new just cause bill will provide much-needed job security for fast food workers in New York City,” says Mr. Sack. “These workers are paid very low wages and, for many of them, this is their only source of income. By putting this bill into law, fast food workers’ livelihoods are no longer at the mercy of their employers, who once enjoyed the ability to fire whomever they wanted for whatever reason and at any time. Now, these employers must justify their actions before terminating an employee.”

Mr. Sack has been an employment attorney for more than 40 years. He is known for successfully representing a group of waiters in Samiento v. World Yacht Inc. The landmark New York Court of Appeals decision made it more difficult for restaurants and caterers to keep gratuities intended for their wait staff. He is the author of The Employee Rights Handbook, which has been called a “first-aid kit” for current and prospective employees, giving them the information they need to understand their job rights and protect and assert themselves to collect what is due; telling his readers and clients that “every firing is negotiable.” He served as plaintiffs’ counsel on behalf of three women who were wrongfully terminated when their employer discovered they were pregnant. A Bronx Supreme Court jury awarded the plaintiffs $6.2 million.

For more information, call (917) 371-8000 or visit www.theemployeeslawyer.com.