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Category Archives: NY.

Paid Family Leave Isn’t Just for Babies: NY Workers’ Guide to Paid Family Leave Rights

February 4th, 2026 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, NY., Syracuse, Workplace Rights |

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Paid Family Leave Is Available To (a lot of, but not all) NY Workers

New York’s Paid Family Leave (PFL) found at New York Workers’ Compensation Law, Chapter 67, Article 9, § 203-A, provides for certain types of job-protected, paid leave, and prohibits retaliation. It is funded through insurance that the employer purchases, typically a rider on a short-term disability policy, overseen by the Department of Financial Services and the Workers’ Compensation Board.

NY PFL is different from Federal Family and Medical Leave Act (FMLA) leave, which is unpaid and can be used to cover the employee’s own medical conditions. NY PFL is not available to cover leave necessitated by the employee’s own medical conditions.

PFL provides up to 12 weeks of paid, job-protected leave for:

  1. Bonding with a newly born, adopted, or fostered child.
  2. Caring for a family member (expanded definition includes parents, grandparents, siblings, in-laws, domestic partners, grandchildren) with a serious health condition.
  3. Qualifying exigencies related to active duty by a spouse, child, or parent in the military.

Who Is Eligible—and When

Most private-sector employees in New York are covered, subject to work history eligibility:

  • Full-time (≥20 hrs/week): eligible after 26 consecutive weeks on the job.
  • Part-time (<20 hrs/week): eligible after 175 days worked, which need not be consecutive.

Employees retain eligibility unless they leave that employer. If you switch jobs, you must meet eligibility again with the new employer.

Excluded employees, such as public employees, licensed clergy, top-tier university faculty, and out-of-state employees may be voluntarily covered by employers; public employees are covered only if their employer opts in or through collective bargaining.

Immigration status is irrelevant to eligibility.

What You’ll Get—How Much Is Paid?

Effective January 1, 2025:

  • 67% wage replacement, up to 67% of the New York State Average Weekly Wage (NYSAWW).
  • NYSAWW (2026): $1,833.63, so max PFL benefit: $1,228.53/week, for up to 12 weeks.
  • Check the NYS Paid Leave website for updates: https://paidfamilyleave.ny.gov/

Funds are drawn from employee payroll deductions (on top of disability insurance):

  • 2026 0.432% of gross wages, capped at $411.91. Check the NYS Paid Leave website for updates: https://paidfamilyleave.ny.gov/
  • Contributions are after-tax, and calculated including commissions/bonuses.

Employers must carry PFL insurance and collect contributions; they may also pay the premium themselves, though that’s optional.

Your Legal Protections

  • Job Protection: Return to same or a comparable position.
  • Health Insurance Continuity: Your employer must maintain insurance on the same terms as while you were working.
  • Anti-Retaliation: Employers may not discharge or penalize PFL users. If they do, you can file a discrimination complaint with the Workers’ Compensation Board using Form PFL‑DC‑120, or request reinstatement via PFL-DC-119.

The Application Process

  1. Notification: Give your employer at least 30 days in advance, if leave is foreseeable; otherwise ASAP.
  2. Form PFL-1: You fill out Part A; your employer completes Part B within 3 business days.
  3. Supporting documentation:
    • Bonding: Form PFL-2 + birth/adoption/foster paperwork.
    • Caring: Form PFL-3 or PFL-4 (completed by healthcare provider).
    • Military exigency: Form PFL-5 + military documentation.
    • COVID-19: as specified in isolation/quarantine guidance.
  4. Submit to PFL insurance carrier (not your employer or the State) within 30 days of leave start.
  5. Carrier Decision: Must approve or deny within 18 days of receiving a completed claim or first leave day, whichever comes later.
  6. Appeal Rights: You can request arbitration or challenge denials through established processes.

Proposed Changes on the Horizon

As of December 19, 2025, Governor Hochul signed a bill extending PFL eligibility for multi-employer construction workers. This enhances coverage under statute § 203-A. But the change does not take effect until further regulation is completed.

Final Takeaway

NY’s Paid Family Leave is a critical worker right backed by law, not courtesy. Covered workers have the right to:

  • Paid, job‑protected leave for bonding, caregiving, or military exigency.
  • Protections against retaliation.
  • A process governed by statute and regulation.

If your employer denies your claim, penalizes you, or fails to comply, contact an employment attorney to ensure your rights are upheld.

 

 

Cubicles, Clicks & the Quiet Corners: A 2026 Guide to NY Workers’ Privacy

January 27th, 2026 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, NY., Syracuse, Workplace Rights |

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New York workers have privacy rights at work—just not in all the places you might expect. Here’s a practical overview of current New York laws, regulations, and decisions that shape what your employer can and cannot do regarding your behavior and communications—on the job, online, and off-duty.

 

  • Electronic communications & employer monitoring (email, web, calls)

    • Notice before monitoring. Since May 7, 2022, private employers in New York who monitor employees’ telephone calls, email, or internet use must give written notice at hire, and they have to show that the employee acknowledged receipt. Employers must also post conspicuous notice. The statute defines “electronic device or system” to include computers, phones, and radio systems). But the statute only provides for enforcement by the NY Attorney General; there’s no private right of action for individual employees in the statute. Which means you can report it, but you can’t personally sue it.
    • What doesn’t require notice. Routine processes for system maintenance or protection (e.g., spam filters, firewalls) are exempt if they are not aimed at a particular employee’s communications.
    • Audio recording and “one‑party consent.” New York is a one‑party consent state—recordings are lawful when at least one party to the conversation consents; secret third‑party recording without any party’s consent can be criminal. Recordings are sometimes very helpful in proving workplace discrimination or other labor law violations. But Employees should be mindful that violating Penal Law §§ 250.00 & 250.05 carries criminal exposure.

  • Social media: passwords, forced access, and employer investigations

    • Your passwords are off-limits. Effective March 12, 2024, New York Labor Law § 201‑i prohibits employers from requesting, requiring, or coercing employees or applicants to disclose usernames, passwords, or other credentials for personal accounts, to access personal accounts in the employer’s presence, or to reproduce content from such accounts obtained by prohibited means. Anti‑retaliation protections apply.
    • The carve‑outs. Employers may (1) require access to non‑personal accounts that connect to internal systems; (2) access employer‑provided or employer‑paid devices if prior notice and explicit agreement were given; (3) comply with legal or regulatory mandates (e.g., FINRA/SEC recordkeeping in regulated industries); and (4) view publicly available information or material voluntarily shared for investigating misconduct.
    • NLRB & “concerted activity” on social platforms. Separate from state law, the National Labor Relations Act protects most private‑sector employees when they join together (including online) to discuss wages, benefits, or working conditions. Individual “gripes” are not protected, but posts seeking to initiate or prepare for group action can be. Employer social‑media policies that “chill” these rights may be found to be illegal.

  • Cameras, audio, and other workplace monitoring:

    • While New York has no single omnibus statute banning workplace cameras, secret recording in areas with a reasonable expectation of privacy (e.g., restrooms, changing rooms) can implicate criminal unlawful surveillance provisions and other liabilities. So employers should not be using cameras in private spaces. Additionally, cameras in unionized workplaces are generally restricted to what the employer and union have negotiated. So if you see a camera, ask your union rep.

  • Off‑duty conduct: politics, recreational activities, cannabis & more

    • Labor Law § 201‑d. New York prohibits employers from discriminating based on certain lawful, off‑duty activities outside work hours, off premises, and without employer equipment. Examples of such activities include political activities, legal recreational activities, and legal use of consumable products (including cannabis under state law). There are pretty overwhelming exceptions that may totally undermine the rule (e.g., material conflict of interest, federal law compliance, loss of federal funding, or collective bargaining restrictions). But that’s not a reason to stop questioning employer activities that appear to be targeting lawful cannabis use.
    • Cannabis: off‑duty is protected; on‑duty impairment is not. The MRTA amended § 201‑d and the NY Department of Labor issued guidance: employers may not discriminate for lawful off‑duty cannabis use, and most marijuana testing is prohibited unless required by law or mandate; odor alone is not proof of impairment. Employers may act if the employee, while working, displays specific articulable symptoms that lessen job performance or undermine workplace safety, or where federal law/funding compels action. Which begs the question: how do you tell the difference between a person who is high and a person who has bad allergies? Watch this space.

  • Reproductive health privacy (on- and off-duty decisions)

    • Labor Law § 203‑e protects employees from discrimination or retaliation based on their (or their dependents’) reproductive health decision-making, and bars employers from accessing such personal information without prior written consent. Employees may sue for damages, reinstatement, fees, and liquidated damages.

  • Proposed legislation (2025–2026) you should know about

    • Restricting off‑duty/home surveillance by employers (pending). A8917 (2025–2026) would add a new section to the New York Labor Law to prohibit employers from using workplace surveillance tools in private, off‑duty areas or a worker’s home, vehicle, or property; it defines terms and sets penalties. Status: referred to Assembly Labor Committee (as of July 16, 2025). It has not passed; watch Albany for movement.

  • Practical steps if you think your privacy rights were crossed

    • Confirm the paper trail. Ask HR for the electronic monitoring notice you acknowledged at hire and the posted version.
    • Document, document, document. Write down dates, times, locations, witnesses, actual words that came out of people’s mouths. Write it in an email (using your personal email account, not the employer’s) and send it to yourself. Keep the email in a folder that you can find later.
    • Social media requests? If you’re pressured to hand over a password, document the request. Save messages and emails. Take that to your nearest workers’ rights attorney ASAP.
    • Concerted activity online. If discipline follows posts about working conditions, talk to your Union rep. If you’re not in a Union, review the NLRB’s guidance and consider filing a charge.
    • Reproductive health privacy. If your employer sought or used your reproductive health information without written consent—or failed to include the required handbook notice—consult counsel about § 203‑e remedies.

  • Quick reference (statutes & official sources)

    • Electronic monitoring notice (private employers): N.Y. Civil Rights Law § 52‑c. [nysenate.gov]
    • Social media access ban: N.Y. Labor Law § 201‑i (effective 3/12/2024). [nysenate.gov]
    • Off‑duty conduct protections: N.Y. Labor Law § 201‑d. [nysenate.gov]
    • Cannabis & the workplace guidance: NY DOL FAQs (201‑d/MRTA). [dol.ny.gov]
    • Reproductive health decision-making: N.Y. Labor Law § 203‑e. [nysenate.gov]
    • NLRB social media rights: NLRB “Social media” page (Section 7 guidance). [nlrb.gov]

Final thought (and caution)

This guide focuses on laws that are current (as of January 2026) in New York. Many issues hinge on context, so industry rules, collective bargaining agreements, and federal contractual obligations can change outcomes. If in doubt, talk to your union rep or a workplace lawyer.

 

 

 

New York State of Mind: What Every Worker Must Know About Their Rights in 2026

January 7th, 2026 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, NY., Workplace Rights |

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Newsflash: Workers still have rights, notwithstanding the news. In the State of New York, there are both federal and state protections that are designed to protect employees from exploitation and help people advocate for themselves and others. But you can’t do it if you don’t know what those rights are.

Here’s a quick run-down of some laws that New York workers should be aware of in the upcoming year.

  1. Minimum Wage Increase: On January 1, 2026, minimum wage increases to $17.00 per hour in NYC, Long Island, and Westchester, and $16.00 per hour for the rest of the state. There are variations for certain industries.
  2. Paid Prenatal Leave Law: Requires employers to provide 20 hours of paid leave per year for prenatal healthcare services, effective January 1, 2025.
  3. Retail Worker Safety Act: Established new rules for workplace violence prevention specifically for retail settings, effective June 2, 2025.
  4. Fashion Workers Act: Regulates model management companies and provides enhanced protections for fashion models, including pay practices and workplace safety, effective June 19, 2025.
  5. Trapped at Work Act: Prohibits employers from enforcing “stay or pay” agreements, which require workers to pay back training costs if they leave before a specified time, effective December 19, 2025.
  6. Increased Salary Threshold for Exempt Employees: The minimum salary threshold for employees to be exempt from overtime pay increased to $1,237.50 per week, with further increases planned for 2026.
  7. Paid Sick Leave Law Amendments: Amendments to existing paid sick leave laws were adopted requiring employers to provide clearer policies and recordkeeping practices.
  8. Temporary Schedule Change Law: Passed in August 2025, this law allows employees to request temporary schedule changes for specific qualifying events.
  9. Cannabis Regulation in the Workplace: Amendments to workplace policies concerning cannabis use were made, clarifying employees’ rights in relation to cannabis use and disciplinary actions.
  10. Employee Privacy Protections: New guidelines were issued regarding surveillance and monitoring in the workplace, emphasizing transparency and employee consent.

In addition to the above, don’t forget the old stand-bys that are still protecting New York workers:

  1. Minimum Wage & Overtime: If workers put in over 40 hours in a week, they are entitled to overtime pay at 1.5 times their regular rate.
  2. Paid Family Leave: New York’s Paid Family Leave allows employees to take *paid* time off to bond with a new child or care for a sick relative.
  3. Anti-Discrimination Laws: The New York State Human Rights Law prohibits discrimination based on race, color, national origin, sex (including LGBTQIA+), disability, age, marital status, citizenship, domestic violence survival, and several other characteristics.
  4. Workplace Safety: Under New York State Labor Law, workers have the right to a safe workplace. This means employers are supposed to provide the necessary safety equipment and training to keep employees healthy and secure while they work.
  5. Meal and Rest Breaks: If employees in most industries work a shift of more than 6 hours, they are entitled to at least a 30-minute unpaid meal break. Workers in industrial settings are entitled to more frequent breaks. This is a New York, not Federal, law, and there are some variations for particular industries. Ask your union rep or attorney.
  6. Unemployment Insurance: If workers lose their jobs through no fault of their own, they may qualify for unemployment benefits. The amount they can receive is based on their previous earnings during a statutory base period.
  7. Union Rights: Workers have the right to organize, promote, or support labor unions. They have the right to join a union and engage in collective bargaining to pursue better wages and working conditions. It is illegal for employers to retaliate against employees for engaging in union activity.

Keep in mind that workplace rights are complex. Internet searches are no substitute for the personalized advice of a union representative or  qualified workplace attorney. So, before making any life-changing decisions regarding your employment, seek guidance from professionals who understand the nuances of labor laws in your jurisdiction.

Stand up, stay informed, and be ready to fight for what you deserve in 2026. We’re right here with you.

Top Five Ways To Ruin Your Workplace and Why We’re Here For It

November 18th, 2025 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, NY., Syracuse, Women's Rights, Workplace Harassment, Workplace Rights, Wrongful Termination |

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We’ve all figured out that “ruining the workplace” is code for “making your job less of a dumpster fire.” Here are some things you can do to help ruin your workplace:

5. Speak up against discrimination. Whether it’s against you or against your coworkers, don’t let it go by. Lawyer up because they can and will retaliate. Scared you’ll lose your job? It isn’t going to get better if you don’t speak up.

4. Check each and every one of your paystubs and make sure it’s accurate. If it’s not, report it. And if they won’t fix it, report them to the State or Federal Department of Labor. And if it’s a big number, call a worker’s rights attorney.

3. Take your PTO. Take ALL of it. You earned it. It’s part of your compensation package. They are actually paying you less because they’ve subtracted your sick time, vacation, and other leave out of your wages. Take! Your! Vacation!

2. Learn everything you can about workers’ rights in your jurisdiction. Read blogs like this. Educate yourself on the history of employment law in the United States (warning, you’ll need a barf bag for that one). Pay attention to laws being passed in your jurisdiction. Talk to people who know what they’re talking about, like workers’ rights attorneys and union reps. Chances are you’ve got special ways to ruin your workplace that you don’t even know about yet.

1. And the top way to ruin your workplace…??? UNIONIZE IT! That’s right, engage in some collective action and agitate for better wages, safer working conditions, and real action on those discriminatory practices. Get a contract that guarantees a minimum standard for your health insurance, and when they try to take it away, fight like hell.

Look, it’s not that easy to ruin a workplace. You might get yelled at. You might get fired. Some jerk might write an article whining about what you’ve done.

We’ll bring the popcorn.

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

October 28th, 2025 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, NY., Syracuse, Workplace Rights |

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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

September 17th, 2025 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, NY., Syracuse, Workplace Rights |

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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

September 8th, 2025 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Confidential Information, Employment and Labor Attorney, Legal Consultation, New York, NY., Syracuse, Uncategorized, Union, Workplace Rights |

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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

August 21st, 2025 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, NY., Syracuse, Workplace Rights |

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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!

August 13th, 2025 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Employment and Labor Attorney, New York, NY., Syracuse, Workplace Rights |

Tags: , , , , , , , , , ,

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

August 7th, 2025 by Sarah Ruhlen

Posted in Ask A Worker's Rights Attorney!, Confidential Information, Employment and Labor Attorney, New York, NY., Syracuse, Workplace Rights |

Tags: , , , , , , , ,

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.

 

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