Architectural Columns

Category Archives: New York

Pay Transparency: How New York Workers Can Turn Legislation into Lucrative Paychecks

 

New York workers may have noticed a trend in the past couple years: Posted job opportunities now include wage ranges. This is because of New York’s Pay Transparency Law (Section 194-b of the New York State Labor Law), which requires employers to include minimum and maximum salaries when they advertise new jobs. Enacted to promote fair compensation and empower employees, this law is an underutilized opportunity for workers to negotiate better wages.

How Can You Take Advantage Of This Information?

  1. Do Your Research

Gather the salary transparency information available from job postings, industry reports, and worker testimonials. Organize it and keep track of where that information came from so you can access it quickly. Not a bad idea to include links to web postings in your documentation!

  1. Know Your Worth

Using the data you’ve collected, assess where you fall within the salary ranges, based on your skills, experience, and contributions. Be realistic – don’t underestimate, but don’t just assume you get top-notch wages unless you have put in the time and training. Also, remember that geography dictates wage ranges – if you demand New York City wages from a Plattsburgh employer, your negotiation might not go very well.

  1. Wage Negotiation Strategies

When negotiating your salary, use the data to anchor your discussions. Be prepared to back up your request with data on industry standards, your accomplishments, and your actual and potential contributions to the company.

  1. Utilizing Collective Information

The law encourages candor and sharing of compensation data among employees. You are allowed to have conversations with co-workers about their experiences and the salaries they see advertised. This collective effort can provide additional leverage when entering negotiations. Plus, it can help you pinpoint discriminatory pay practices. The more data you can gather, the better your position.

  1. Hold Employers Accountable

If you notice discrepancies that seem to be based on a protected characteristic, such as gender or race, get in touch with a Workers’ Rights Attorney – ASAP! The attorney is going to want to see your data and understand why you believe the disparity is based on a discriminatory motive. Whether the attorney advises you to take the problem to HR or start a lawsuit, you’re going to need quality, experienced guidance from a lawyer who knows what they’re talking about.

Conclusion

Do your homework, speak up, and demand the wages you deserve. This legislation isn’t just a guideline; it’s your opportunity to transform the way you are valued in the workplace. And if it gets weird, call a Workers’ Rights Attorney. Good hunting!

 

Jingle Bells and Legal Rights: How to Protect Yourself at the Holiday Party

 

Company holiday parties are just around the corner. You might be looking forward to them –for some people, it’s a time to celebrate the year’s achievements, unwind with colleagues, and enjoy some festive merriment. Or you might already be rolling your eyes – it’s bad enough having to work with these people, now you have to socialize with them?! For some employees, company gatherings end up becoming legal nightmares, destroying careers, reputations, and happiness. Here are some tips for safeguarding your rights during the festivities.

Management Is Watching

Surveillance doesn’t stop just because Bing Crosby is singing in the background. Supervisors, HR reps, and cronies are still paying attention, so use your judgment. Anything that is said during the event can (and will) be used as information for later HR investigations. So if you wouldn’t say it during work hours, don’t say it during the party.

Don’t Expect Your Boss To Follow The Rules – But You Still Have To

Word to the wise: supervisors and supervisees are not always held to the same standards. So just because you see the boss getting out of hand doesn’t mean it’s a good idea for you to follow suit. It’s not unheard of for two people to be treated differently for exactly the same conduct – and not all discrimination is legally actionable. Save that raunchy joke for a non-work party, even if the boss just distributed a photocopy of something no one wanted to see. Remember that what might seem harmless to you could be uncomfortable or even taken as inappropriate by someone else.

You have to follow your company’s policies, even if you’re doing it in a reindeer costume. It’s not a bad idea to take a moment to familiarize yourself with codes of conduct, alcohol policies, and harassment guidelines. Give the employee handbook a quick read before the party. It might not put you in a festive mood, but it might save your job.

Monitor Your Alcohol Intake

Please don’t get liquored up and do something dumb. No lawyer can save you if you get violent, sexually harass someone, or barf on the boss’s wife. It may be tempting to indulge, but if you want to keep your job, consider skipping the cocktails. Skip the recreational drugs too, even if they’re legal.

Document Any Unwanted Behaviors

If you experience behavior that feels inappropriate or makes you uncomfortable, trust your instincts. Document what happened, including the date, time, location, and individuals involved. Take that documented record to a workers’ rights attorney the next day. Don’t wait – if there is something legally actionable about the situation, that statute of limitations is unbelievably short.

The holidays are already complicated, and company parties can just make them weirder. If you end up at a holiday party at your workplace, keep your wits about you and your professionalism intact. You’ll thank yourself next Monday.

Insubordination – What It Is, What It Isn’t, And How To Stay Safe At Work

It shouldn’t take a law degree to understand what constitutes “insubordination” at work – but the reality doesn’t always conform to common sense or dictionary definitions. What constitutes insubordination in one context may be protected activity in another. Here are some key points to consider:

 1. Dictionary Definition

Merriam-Webster defines “insubordinate” as “disobedient to authority,” suggesting a clear scenario where an employee refuses to follow a superior’s directive. In practice, however, the boundaries are less clear.

2. Legal Definition (hint: there isn’t an official definition)

Legally, a wide range of behaviors can be classified as “insubordinate,” including tone and body language. If an employee follows orders but acts unprofessionally, they might still be accused of insubordination.

3. When Defying an Order Isn’t Insubordination

Insubordination typically refers to disobeying lawful commands. Employees can sometimes challenge disciplinary actions for insubordination if the refusal to obey involves orders that violate laws, suppress collective action, or constitute safety hazards. Whistleblowing may be protected. Additionally, if an employee raises concerns regarding illegal discrimination or harassment, an accusation of insubordination might not stick.

But it’s important to remember that bad behavior in the workplace – even if it seems amply justified – is still grounds for disciplinary action.

4. Following Orders with Attitude as Insubordination

Displaying a negative attitude while following orders can be viewed as insubordination. Actions like contempt, sarcasm, or disrespect toward a supervisor can be interpreted as defiance. We’ve seen clients get stuck with insubordination charges for behaviors ranging from swearing to rolling their eyes. One client was accused of insubordination when he threw papers onto his own desk in his own office, with his back to the boss.

And it’s not fair: management can be as unreasonable as they want to be, but if an employee is provoked into showing their irritation, the employee gets slapped with a disciplinary action.

 5. When to Consult a Lawyer

Underneath all of this is the reality that management sometimes oversteps its bounds and then tries to blame employees for pushing back. And if this is happening in the context of discrimination, harassment, unsafe working conditions, collective action, or other legally protected situations, it’s time to call a workplace lawyer.

Conclusion

Insubordination in the workplace is not straightforward. Professionalism, attitude, and legal protections play significant roles in how conduct is perceived. Workers are stuck with the burden of understanding these nuances, trying to comply with lawful commands while advocating for their rights. Recognizing circumstances that protect against insubordination claims, especially concerning unsafe conditions, collective action, and discrimination, is essential. Ultimately, staying informed and, when necessary, seeking legal counsel can empower employees to protect their rights while staying professional—even when the workplace is a dumpster fire.

 

AI In The Next Cubicle? What You Can Do About Your Robot Coworker

Like it or not, AI is already in your workplace. Chatbots handle customer inquiries, algorithms analyze big data. It’s in the background of everything from manufacturing to high finance. What’s a worker to do? Here are some issues that you might already be facing, and some action steps to consider.

Issue 1:  Job Displacement and Automation

AI is causing significant job loss, especially in routine and manual jobs. The best way to fight this is through collective action – Unions have been through this before. If you’re concerned:

If you are not in a Union: Join up! Unionize! Organize! Learn about solidarity and use it to strengthen your mutual bond with your coworkers. Get in there and fight like hell for recognition!

If you are in a Union:
  1. Collectively demand the employer identify new and emerging job roles that displaced workers can move into. For example, roles related to AI management, human-AI collaboration, and digital strategy may become increasingly important.

  2. Collectively demand the employer provide courses or workshops that focus on industry trends and emerging technologies that could impact your job. Demand the employer provide training, or help pay for new certifications or degrees.

  3. Advocate for policies that prioritize workforce sustainability and fair labor practices in the deployment of AI technologies.

Issue 2:  Surveillance and Privacy Concerns

Employers use AI to monitor employee activities. While workplace privacy protections have never been particularly robust, AI’s ability to snoop surpasses even that of Whatshisface in Accounting. If you’re concerned:

  1. Familiarize yourself with your employer’s policies on surveillance and data privacy.

  2. Don’t share personal information in workplace communications or on company devices. Avoid discussing personal matters that do not pertain to work.

  3. Use secure and encrypted communication platforms for any personal conversations. Avoid using company email or chat systems for personal matters.

  4. When possible, avoid using personal devices for work purposes. If you must use a personal device, be aware that some companies monitor usage – even on your personal phone.

  5. Talk to a lawyer! Familiarize yourself with local laws regarding workplace surveillance and data privacy. Many jurisdictions have regulations that limit the extent of employer surveillance.

If you’re in a Union:
  1. Discuss concerns regarding surveillance with coworkers. Raise awareness about privacy issues.

  2. Collectively demand information on how AI tools and surveillance technologies are being used in the workplace (e.g., cameras, tracking software). Support collective bargaining for better privacy provisions in workplace contracts.

  3. Collectively demand training on privacy settings available on the employer’s platforms and applications. Configure these settings to enhance your privacy where possible. Demand training on privacy, data security, and responsible use of AI, particularly how to protect your data.

Issue 3: Bias and Discrimination

AI systems perpetuate biases present in training data. This can result in discriminatory hiring practices, performance evaluations, or disciplinary actions, which violate anti-discrimination laws. The lack of transparency around AI decision-making processes makes it even harder to prove discrimination. If you’re concerned:

  1. Know your rights! Familiarize yourself with labor laws and regulations that protect against workplace discrimination. To be able to fight discrimination, you need to be able to identify what it is and what it is not, with or without an AI component.

  2. Keep detailed records of all discriminatory behavior or decisions. This is a good idea even if the conduct is not the product of AI.

  3. Talk to a lawyer! If you face discrimination, consult an attorney who specializes in labor law and discrimination cases in your jurisdiction. They can guide you on how to proceed with complaints and claims.

If you are in a Union:
  1. Collaborate with coworkers to address concerns regarding AI discrimination collectively.

  2. Push for transparency in the AI systems used by employers. Request information on how decisions are made and the data used to train algorithms.

  3. If you suspect that an AI system is biased, advocate for review and adjustment.

Issue 3: Impossible Algorithms

AI and management have a tendency to make equally lousy decisions about workload, performance assessments, and promotions. Not only do these decisions lead to burn-out, they can undermine worker safety. If you’re concerned:

  1. Keep detailed records of how AI influences your work, including the criteria used for performance assessments and any implications on workload, including safety. This documentation can serve as evidence in case of disputes or grievances.

  2. Talk to a lawyer! Particularly if the algorithm appears to have a discriminatory bias and/or results in unsafe working conditions, speak with an attorney who specializes in workplace law in your jurisdiction.

  3. Familiarize yourself with your state’s labor laws and regulations. Don’t just look at anti-discrimination and wage and hour laws; specific industries may have regulatory requirements on safe hours of work and workloads. If you’re not sure, talk to a lawyer.

  4. If your lawyer thinks it’s a good idea, report the issues to relevant authorities, such as labor boards, health and safety agencies, or civil rights organizations, to seek investigation and resolution.

  5. Monitor developments in laws and regulations surrounding AI and labor rights. If you’re not sure, talk to a lawyer.

If you’re in a Union:
  1. Collectively demand clear explanations about the AI systems in use, including how they operate, what data is being collected, and the algorithms applied. Understanding these elements can help ensure that processes are perceived as fair and justifiable.

  2. Collectively advocate for development of clear organizational policies regarding AI use. These policies should address transparency, ethical considerations, safety, and the potential impacts on employment practices, including hiring and promotions.

  3. Engage in regular labor-management discussions about the use of AI tools in decision-making processes. Express your concerns about how these technologies affect safety, workloads, and evaluations. Back up those concerns with your documentation.

A final thought:

Any tool that management uses, workers can use too. Make no mistake, AI is being used to undermine workers’ rights. But workers aren’t powerless. Whether you’re a lone brave voice or working in solidarity with your Union family, you have some options. You may even be able to leverage AI to help protect your rights. (Make it analyze your paystubs and identify discrepancies! Use it to detect systemic discrimination! Get it to gather social media commentary on issues that your coworkers are fed up with, and then organize them to fight those issues!) And talk to a lawyer when you run into something that requires action.

 

Beware the Fine Print: Why Fee-Shifting Provisions in Employment Contracts Can Be a Trap for Workers

Promotional graphic for a blog post by Satter Ruhlen Law Firm, PLLC, featuring a concerned woman reading documents on a laptop, with the text: 'New Blog Post – Fee Shifting Provisions: Beware of the Fine Print!' The background shows repeated words 'fine print' under a magnifying glass.

 

It’s tempting to gloss over the fine print in employment contracts, focusing instead on salary, benefits, and job responsibilities. The job market is competitive, and it’s reassuring to have a contract that seems to provide clarity and protection. However, buried in the fine print of many contracts is a term that can be disastrous for workers—a fee-shifting provision. This seemingly innocuous clause can turn an employee’s hard-fought legal victory in litigation into a financial disaster. Here’s why you should take it seriously.

What is Fee-Shifting?

Fee-shifting provisions are clauses in legal contracts that usually stipulate that the losing party in a dispute must pay for the legal fees of the winning party. At first glance, this may not seem problematic; after all, wouldn’t it deter frivolous lawsuits? But some fee-shifting provisions are one-sided: they only provide for the employer’s fees to be paid, not the employees’. The way some fee-shifting clauses are written in employment contracts, the employee has to pay the employer’s attorneys’ fees – even if they win.

 Why They Can Be Disastrous for Employees

  1. Financial Burden: Even if you win your case, the cost of hiring a qualified attorney can be astronomical. If the court decides against you, not only will you have to pay your own legal fees, but you could also be responsible for your employer’s fees. And if you have a one-sided provision, you may have to pay both sides’ attorneys fees even if you win. This means that victory can come at a steep price.
  2. Chilling Effect on Mobility: If your employment contract includes restrictive covenants, it’s going to be hard to leave that job, even if it’s completely toxic. The question isn’t “is this noncompete enforceable?” The question is “Who has to pay to figure out if it’s enforceable?” If you’ve got a one-sided fee-shifting provision, the answer is YOU.
  3. Pressure to Settle: Knowing that losing a case could incur significant costs, employees may feel pressured to settle disputes early, even if it means accepting less than they deserve. Employers often have more resources to navigate legal situations and may leverage this imbalance against employees who fear potential financial repercussions.
  4. Impact on Mental Health: If you’ve got a contract with restrictive covenants and a one-sided fee-shifting provision, the only way out is to accept financial disaster. If you try to go to another job and the employer sues, you’re on the hook for their fees, even if they lose. This is a recipe for burn-out and mental and physical illness.

Protecting Yourself

While it’s tough to negotiate contract clauses when job offers are on the table, it’s crucial to scrutinize employment contracts thoroughly. Here are steps you can take:

  1. Read Your Contract Carefully: Always scrutinize your employment contract for any fee-shifting provisions. See if you can discern whether it’s one-sided (only the employer’s fees get paid), two-sided (prevailing party pays), or abusive (employee pays attorneys’ fees no matter who wins). If it’s option three, think long and hard about whether you want to work for people who think that’s appropriate.
  2. Seek Legal Advice: Before signing any contract, consult with a qualified employment attorney who can help you understand the terms and their potential implications for your career.
  3. Negotiate: If you discover a one-sided fee-shifting provision, be bold enough to insist that it be made mutual. The best time to discuss contract terms is before you accept an offer.

Conclusion: Protect Your Future

Don’t let hidden pitfalls in your employment contract compromise your career and finances! Make sure to carefully review your agreement, seek legal advice, and understand your rights before you sign on the dotted line. Knowledge is power—equip yourself with the information you need to protect your future.

Don’t let fine print dictate your future. Take charge of your rights today!

 

Tick! Tock! – Know Your Rights Before the Clock Runs Out on Your Workplace Claim!

Introduction

The time limits for filing a complaint on workplace violations are unbelievably short – some as short as 30 days, and some even shorter. If you’re experiencing discrimination, unpaid wages, harassment, or unsafe working conditions, acting promptly is crucial to successfully pursuing your claim.

Why Timeliness Matters

Filing your claim within the specified time limit is crucial. Missing the deadline can result in losing your right to pursue legal action. Plus, the sooner you act, the more evidence you may be able to gather and preserve.

Understanding Statutes of Limitations

Every legal claim you might want to bring against your employer is subject to a statute of limitations. This is the time period within which you must file your claim, which varies based on the type of workplace violation. Here’s a rundown of common claims and their associated time limits – but don’t rely on this. Your timeframe may be much shorter. Always check with a workplace attorney in your jurisdiction to understand your time limits!

  1. Discrimination Claims: Federal discrimination claims under Title VII, the ADA, and the ADEA have super-short deadlines: in many states, there are only 180 days to file a charge of employment discrimination. In some states, this period may extend to 300 days if a state or local fair employment practice agency is involved.

  2. Wage and Hour Claims: The Fair Labor Standards Act (FLSA) allows you to claim unpaid wages within two years (or three years for willful violations). However, state laws can vary widely, so it’s crucial to check local regulations.

  3. Harassment Claims: Similar to discrimination claims, under federal statutes, most employees only get 180 days to file harassment claims. In many cases, it’s advisable to act sooner rather than later, as this can lead to a more favorable resolution.

  4. Occupational Safety Violations: If you believe your workplace violates safety regulations, you usually have up to six months to file a health and safety complaint with the Occupational Safety and Health Administration (OSHA). But retaliation (whistleblower) claims for filing an OSHA complaint are only 30 days.

  5. A Special Note for Government Workers: Suing the government usually means you have to file a Notice of Claim. The deadlines for NOCs vary wildly, but they are all unbelievably short – we’re talking a matter of days. So getting in touch with a workplace lawyer, ASAP, is essential to preserving your claim.

  6. Got a Union Contract?: If you’re in a union, you may have recourse to a grievance procedure. Word to the wise – grievance deadlines are sometimes as short as a couple days. Call your union rep (or file the grievance yourself) as soon as you think there’s a violation.

Steps to Take if You Experience a Workplace Violation

  1. Document Everything: Keep thorough records of your experiences, including dates, times, witnesses, and any communications with your employer regarding the issue. An email to yourself is date-stamped and time-stamped. If you print out the email, you won’t lose it if the employer cuts off your access to the system. Don’t email documents from the employer’s system to your private email – they’ll accuse of you of stealing.

  2. Review Company Policies: Many employers have specific protocols in place for addressing workplace violations. But remember – you don’t get extra time just because you’re trying to follow the policies. Get in touch with a lawyer as soon as you think there’s a violation, and then figure out what the handbook has to say.

  3. Seek Legal Advice: Consulting with an employment attorney about your specific situation is crucial to determining the best course of action and to understanding how much time you have.

Call to Action

Protect your rights by acting swiftly and knowledgeably when you face injustices at work. Don’t wait until it’s too late—familiarize yourself with your rights and the deadlines that may affect you. If you believe you have a claim, contact a reputable workplace lawyer in your jurisdiction. And do it today.

Understanding the Legal Implications of Medical Information in the Workplace

The right to privacy in the workplace is pretty confusing, especially concerning medical information. Understanding the legal landscape surrounding medical information disclosure is key to protecting your confidential information.

What Is Medical Information?

Medical information refers to any data regarding an individual’s health status, medical history, and treatment received. This can include information such as current medications, work limitations, previous illnesses, disabilities, and other health-related details.

Employee Rights Under the Law

In the United States, various laws protect employee medical information, including:

The Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities and mandates that any medical information obtained must be kept confidential. However, this applies mainly after an employer has requested information for specific purposes.

The Family and Medical Leave Act (FMLA): The FMLA allows eligible employees to take leave for certain family and medical reasons while ensuring that all medical information is kept confidential.

Where’s HIPAA, you say? HIPAA only applies to your medical providers, so unless your employer is also your medical provider, you’re not dealing with HIPAA rights in the workplace.

State and Local Laws: There may be laws specific to your jurisdiction that affect an employer’s obligation to keep your information confidential. Always talk to a lawyer if you aren’t sure.

The ADA and FMLA supposedly protect your medical information. But that protection only kicks in when an employer requests information for employment decisions or benefits—not when you offer the information unasked.

When Is Medical Information Not Considered Confidential?

1. Voluntary Disclosure

When you voluntarily disclose medical information to your employer without a request, it can lose its confidentiality status. This is particularly relevant when the disclosure occurs outside of a specific request linked to workplace accommodations or health assessments. Employers may feel free to discuss this information with necessary personnel, believing they have your consent.

2. Workplace Policies and Management Needs

Employers often develop policies guiding how medical information is handled. If workplace policies encourage open communication about health issues or require self-disclosure (e.g., for wellness programs), the expectation of confidentiality can diminish.

3. Need-To-Know

If a worker requests medical leave or an accommodation, the medical information the employer gathers pursuant to that request is supposed to be confidential – but the employer is allowed to disclose the information to supervisors and managers who might be involved in determining the appropriate accommodation or leave. So don’t expect HR to keep your medical information confidential from your supervisor.

What Should You Do?

1. Be Informed

Understand your rights concerning medical information. Read your company’s policy documents regarding health disclosures and privacy. Call a workplace attorney when you’re concerned about disclosing information to your employer. Knowing what is required of you can help you make informed decisions about what medical information to share.

2. Disclose Selectively

Only provide medical information when necessary. If you’re unsure whether to disclose certain health details, call a workplace lawyer in your jurisdiction.

3. Ask Questions

If you are required to provide medical information, ask how it will be used and who will have access to it. Call a workplace lawyer if it seems like the request is overbroad or subject to improper disclosure.

4. Seek Legal Counsel

If you’re concerned about how your medical information is handled, consult with a legal professional specializing in employment law. They can help clarify your rights and suggest ways to protect your information.

Conclusion

Understanding the legal nuances surrounding voluntarily provided medical information is crucial for protecting your privacy and rights as an employee. While laws like the ADA provide a layer of confidentiality, voluntary disclosures can complicate matters. Always talk to a lawyer if you’re concerned about the effect of your medical disclosures.

 

Why Understanding Your Union Contract is Crucial for Your Rights and Benefits

Discover why it's important to read and understand your union contract. Learn how knowing your rights can help you maximize benefits, enhance job satisfaction, and navigate grievance procedures. Contact our expert employment law attorneys for assistance.

Why Understanding Your Union Contract is Crucial for Your Rights and Benefits

As an employee represented by a union, you are entitled to numerous rights and benefits outlined in your collective bargaining agreement (CBA). However, many workers overlook this essential document, leading to misunderstandings and missed opportunities. In this blog post, we’ll explore the importance of reading and understanding your union contract, and how it can safeguard your rights and enhance your job satisfaction.

What is a Union Contract (Collective Bargaining Agreement)?

A collective bargaining agreement (CBA) is a legally binding contract negotiated between your union and your employer. It outlines the terms and conditions of employment, including wages, work hours, benefits, working conditions, and grievance procedures. Understanding this document is vital for ensuring you receive the protections and perks negotiated on your behalf.

1. Know Your Rights

One of the most critical reasons to read your union contract is to gain awareness of your rights as an employee. Your CBA outlines protections against unfair treatment, discrimination, and workplace hazards. By familiarizing yourself with these rights, you can confidently address any issues that arise in your workplace.

2. Maximize Your Benefits

Understanding your union contract also allows you to access the full range of benefits available to you. From health insurance and retirement plans to paid leave and overtime pay, your CBA details your entitlements. Neglecting to read this document might lead you to miss out on benefits that could significantly enhance your quality of life.

3. Navigate Grievance Procedures

If you encounter a problem at work—whether it’s an unfair disciplinary action or a dispute over pay—your collective bargaining agreement will serve as your guide to resolving the issue. It outlines the grievance procedures that you must follow to address misconduct or violations of your rights. Understanding these procedures empowers you to advocate for yourself effectively and ensures that you don’t forfeit your right to appeal.

4. Enhance Job Satisfaction

When you’re informed about the terms of your employment, you can work more confidently and comfortably. Knowing what to expect in terms of wages, work conditions, and job security can reduce workplace anxiety and enhance job satisfaction. If you’re clear about your rights and benefits, you can focus on your work without fear of exploitation.

5. Be an Active Participant in Your Union

Understanding your union contract positions you to be an active and engaged union member. When you know the terms of the CBA, you can participate meaningfully in union meetings and discussions. You’ll be better equipped to voice your opinions on negotiations, suggest improvements, and advocate for your fellow employees.

 6. Be Prepared for Negotiations

As contracts expire and negotiations begin, your understanding of the current CBA will influence your input. Being knowledgeable allows you to lobby for changes that benefit all employees. Engaging in the negotiation process can lead to improved working conditions and benefits for yourself and your colleagues.

Conclusion

In conclusion, reading and understanding your union contract is essential for knowing your rights, maximizing your benefits, and enhancing your overall job satisfaction. Take the time to familiarize yourself with this important document. If you have questions or need further clarification about your collective bargaining agreement, don’t hesitate to reach out to your union representative or an employment law attorney. Empower yourself to make informed decisions and advocate for a better workplace.

Call to Action

If you have concerns about your rights under your union contract or need legal advice, feel free to contact us. Our team of experienced employment law attorneys is here to assist you in understanding your collective bargaining agreement and protecting your rights.

 

Looking For Love In All The Wrong Places: What Employees Should Know About Dating Coworkers

 

Nothing is quite as fraught as workplace romance. Quite apart from whatever euphoria the participants may experience, the situation can cause a lot of tension, headache, rumors, and tears—not only for the participants, but also for onlookers, clients, friends, and even the boss. Nothing makes a workplace lawyer cringe like a potential client saying, “Well, we started seeing each other on the side…” Here are some things that every worker should know:

First A Word About Sexual Harassment:

If someone is pressuring you to be in a relationship at work, that is called sexual harassment, and you don’t have to put up with it. Report that s*** to HR (via email!), use the words “sexual harassment,” and call a lawyer.

Superiors Dating Subordinates:

When a superior dates a subordinate, it automatically appears that someone is taking advantage of someone else. Even if the participants think it’s totally consensual, there’s no way to separate the imbalance of power from that relationship. Imbalance of power usually means sexual harassment.

Additionally, it raises concerns about favoritism. Now, favoritism isn’t, in and of itself, illegal, but it can start to get illegal-adjacent if someone is getting special treatment for reasons other than their merit. It definitely gets the favorer and the favor-ee disliked by coworkers.

Superiors who date subordinates are especially vulnerable to charges of sexual harassment. No matter how caring and wonderful they think they are being, that power dynamic is a real problem. Word to the wise: by the time it gets to a lawyer, jobs and careers have already been destroyed.

If you ask a workplace lawyer, the lawyer is probably going to say: Don’t date subordinates. Also, don’t date supervisors.

Coworkers Dating Coworkers:

If it’s two people of the same rank dating each other, the questions still come up: How consensual is it? Is someone just acquiescing to try to keep the peace? If they break up, does everyone have to choose sides? If they break up, is someone going to accuse the other one of harassment?

Before getting into a relationship with a coworker, think about this: If this goes south, someone is probably getting fired. It might be both of you.

If you ask a workplace lawyer, the lawyer is probably going to say: Don’t date coworkers.

TMI:

Workplaces are serious rumor mills. No matter how discrete the participants believe they are, there’s always some Nosey Parker who would rather dig around in someone else’s business than do their own job. Whether the couple is spotted getting lunch together or someone just senses some chemistry, the rumors will fly.

Once the rumors are going, they will not stop. Telling Nosey not to gossip is like telling fire not to burn. Those rumors are going to spread, and they are going to damage reputations. PS., those damaged reputations are not the legal goldmine you might have seen on TV. There’s no statute (at least not one that we’ve run into) saying it’s illegal to say dreadful things about your coworkers, at least not in the absence of some more concrete harm.

Some employees feel they have a duty to report workplace romances. There’s no legal duty to do so (unless someone is underage and you’re a mandated reporter). There might be an ethical duty if you’re some kind of fiduciary and the romance is harming stakeholders. There might be a workplace policy that says you’re required to report, which means if you don’t report, you could be accused of insubordination. If you’re struggling with whether to report, it’s worth a conversation with an attorney.

If you ask a workplace lawyer, the lawyer is probably going to say: Don’t gossip. Don’t report until you’ve got good legal advice.

Workplace Policies:

There may very well be a section of the employee handbook that tells you not to date your coworkers. It may say that you have to disclose your own dating, or that if you detect someone else’s dating you have to disclose it for them.

The policy is not the law, but it is the law of that particular workplace. In other words, as an employee, you don’t have much ability to enforce the handbook (although there are times when the handbook can be useful evidence). But if you violate a workplace policy, it may give the employer an excuse to discipline or terminate you.

If you ask a workplace lawyer, the lawyer is probably going to say: Get good legal advice to determine how to handle that workplace policy.

“Love Contracts”

Some employers have tried out so-called “Love Contracts.” These are documents signed by the participants stating that the relationship is consensual, acknowledging prohibitions on sexual harassment and retaliation, requiring the individuals to behave professionally, avoid favoritism, requiring the individuals to report harassment or retaliation if the relationship ends, requiring the individuals to report the end of the relationship to HR, prohibiting the participants from using the company’s property inappropriately… and on and on.

If your employer presents you with one of these, RUN, DON’T WALK to the nearest workers’ rights attorney and get it reviewed. DON’T SIGN IT without having an attorney look at it. You do NOT want to sign away your precious rights as an employee just so you can date some cutie down the hall, no matter how cute they are.

If you ask a workplace lawyer, the lawyer is probably going to say: What the heck is a Love Contract? Let me see that thing!

Whoops:

OK, so you ignored everyone’s advice and got involved with a coworker. What do you do? Lawyer answer: it depends. But seriously, have a look at any employee handbooks or policies floating around. These will help you understand the employer’s expectations. Also, thinking about what you’d do if the worst happened and you got fired. Update your resume. Start working your network. Do it now while your reputation is still intact.

If you really think you need to disclose the relationship, or if you think someone is about to disclose it for you, or if the whole thing has already blown up in your face – you guessed it. Put this in the hands of a reputable workplace attorney, and buckle up for a wild ride.

If you bring it to this firm, we promise not to say we told you so.

Federal Workers: What Now?

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If you are a federal worker, first things first: You’re not crazy. What’s happening is completely bizarro-land.

            Now that we’ve got that clear, what do you do?

The lawyer answer (sorry) is: It Depends. The reality is that tons and tons of these terminations are illegal, but there are different ways they may be illegal.

For example, career civil service workers – even probationary employees – are protected by merit systems principles, which include protection from “arbitrary action, personal favoritism, or coercion for partisan political purposes.” 5 U.S.C. § 2301(b)(8). (That’s a federal statute right there btw, not some loosy-goosy theory about fair treatment. It’s the actual law.) Because of this requirement, there are procedures that agencies have to follow when they are terminating a bunch of people to cut costs, otherwise known as a Reduction In Force or “RIF.” RIFs are governed by a procedure for making sure that terminations are made based on merit system factors, for example, examination of performance ratings and length of service. 5 U.S.C. §3502. Federal employees who are getting RIF’d are supposed to get 60 days’ notice and information about rights to reemployment and career transition assistance before the termination goes into effect.

Additionally, many Federal employees are union members, and as such have additional protections including a statute that requires a union contract to provide grievance procedures. 5 U.S.C. §1721(a)(1). Another source of protection is in the federal civil rights laws prohibiting discrimination, such as Title VII, Rehabilitation Act (prohibiting disability discrimination), and Age Discrimination in Employment Act (ADEA).

            What to do?

OK first, re-read the first sentence of this article. This is legit Wacky-land and you are legit encountering stuff that could have been dreamed up by Salvadore Dali. Or Kafka.

Second, call your union. As of the writing of this article, an AI-assisted search (so take this with a grain of salt) states that there are currently 101 class actions involving federal workers. Your union will know if you’re part of one of these. If you’re not, see if there are other ways your union can help you, such as filing a grievance.

If you’re not union, or if the union can’t help with your particular situation, get hold of a reputable workplace lawyer. For sure it’s expensive. This is your livelihood.

Whatever you do, don’t just assume there’s nothing you can do. There are super-talented, intelligent people fighting for your rights. Make sure they know your situation so they can help you plan your next step.

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