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

November 6th, 2025 by Sarah Ruhlen

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

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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

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.

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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.

 

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 |

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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 |

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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.

 

Hostile Work Environment: What It Is, What It Isn’t, And When To Get An Attorney

July 10th, 2025 by Sarah Ruhlen

Posted in Uncategorized |

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Let’s face it, the workplace is not a warm and fuzzy place. If it was, they wouldn’t have to pay us to work there, right? So it’s important for workers to understand the difference between normal work annoyances and legally actionable workplace harassment. Here are some things to look out for.

Anger and Aggression:

People get frustrated at work and they get snappy with each other. But swearing, shouting, or physical violence are unprofessional and may signal something more than just people feeling irked about an email.

When to talk to a lawyer: The conduct is only targeted to people of a particular race, gender, sexual orientation, religion, or ability; includes racial slurs or demeaning comments about gender or other protected classes; there are threats; or there is physical violence.

Public Humiliation:

Getting called out in front of other workers or customers is a nasty, unprofessional tactic that bad managers use. Being subjected to criticism in front of your colleagues or the public is a demoralizing experience.

When to talk to a lawyer: It only happens to people in one category; it includes racial slurs or demeaning comments about gender or other protected characteristics; it causes serious reputational harm.

Favoritism:

Workplaces are very clique-y. When the boss is the leader of the clique, it’s doubly uncomfortable for the other workers. Being on the wrong end of a workplace clique can involve getting left out of meetings or left off of emails, not getting invited to group activities; conversations going silent when someone enters the room; whispering behind someone’s back; and mocking or group bullying that goes unchecked by the supervisor.

When to talk to a lawyer: If the clique excludes or targets people in a particular category.

Sabotage:

Co-workers may try to undermine each other in highly competitive workplaces. This can take the form of “forgetting” to add someone to an important email, or hiding equipment or supplies, or taking credit for or destroying someone else’s work.

When to talk to a lawyer: If there is evidence the sabotage is based on race, color, creed, national origin, sex, or another protected characteristic; if people in a particular category routinely find their work being undermined.

Creepiness:

Invasive questions about clothes, workouts, relationships, family. Being told to smile more. Being told you’re too emotional, or asking if you need a moment to get control of yourself. Nicknames like “honey” or “sugar” or “sweetie.” Creepy touching. Creepy jokes.

When to talk to a lawyer: NOW. Don’t put up with that stuff. Document it and take it to an attorney.

 

Not every hostile work environment is legally actionable. But the legally actionable ones are more common than you think. Talking to a reputable workplace lawyer in your jurisdiction can help you figure out whether the legal system has a solution to your hostile work environment, and if so, what to do next.

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