Tag Archives: syracuse

New York Warehouse Workers: Know Your Rights!

September 1st, 2023 by Sarah Ruhlen

Tags: #WorkplaceSafety, employment law firm, syracuse, workers rights attorney near me, workersrights, workplacelawyer

A line-drawing of a forklift. Text: Warehouse Worker Protections? Yes, New York's got them. satterlaw.com/blog

On June 19, Governor Kathy Hochul announced that legislation protecting warehouse workers from unreasonably demanding work quotas is now in effect. New York’s Warehouse Worker Protection Act (WWPA) requires employers to disclose work speed quotas, and protects employees from quotas that don’t include time for rest periods, bathroom breaks, and meals. The WWPA applies to employees at warehouses with more than 100 employees, or employees who work for employers who employ 500 or more employees at multiple warehouses.

Employers are required to provide a written description of quotas when workers are hired, as well as within two business days of a change in quota. It is illegal for employers to retaliate against employees for requesting quota information or filing a complaint. Workers can report violations to the New York State Department of Labor. There are also civil remedies available; individuals should speak with a reputable workplace attorney to determine how to pursue their rights.

If you work in a warehouse and you have questions about the WWPA, it’s a good idea to speak with your union representative or a New York lawyer.

Understanding the New York State Employment Relations Act (SERA) and Your Right to Organize

August 16th, 2023 by Sarah Ruhlen

Posted in Workplace Rights |

Tags: #UnionRights, syracuse, workersrights, workplacelawyer, workplacerights

This is a guest post by our summer Peggy Browning Fellow, Jorge Salles Díaz. Jorge joined us from Vanderbilt University Law School.

As workers, it’s important to understand our rights and protections when it comes to organizing and forming unions. While the National Labor Relations Act (NLRA) provides federal protection for private sector employees, there are many exceptions. In New York, the New York State Employment Relations Act (SERA) fills in some of these gaps. Let’s take a closer look at what SERA means for workers’ rights in New York.

Who is Covered by SERA:

Under the NLRA, employees are protected if their employer meets a certain monetary threshold. However, in New York, SERA extends protection to many employees whose employer does not meet the interstate commerce threshold set by the NLRA. This means that, even if a New York employer does not meet the monetary threshold, its employees may still have the right to organize and form a union under SERA.

Protecting Agricultural Employees:

One notable difference between the NLRA and SERA is the protection of agricultural employees. While the NLRA excludes them from its coverage, SERA extends protection to agricultural employees in New York.

Domestic Employees and Independent Contractors:

Unfortunately, neither the NLRA nor SERA provides specific protection for domestic employees. This means that individuals working in private households, such as nannies or housekeepers, may not have the same rights to organize and form unions. Likewise, neither the NLRA nor SERA protect independent contractors.[1]

Differences in Labor Organization Rights:

The NLRA includes a section that outlines unfair labor practices by labor organizations, prohibiting activities such as establishing closed shops and engaging in secondary boycotts. However, SERA does not have a provision addressing unfair labor practices by labor organizations.

Conclusion:

Understanding the New York State Employment Relations Act (SERA) is crucial for workers in New York who are interested in organizing and forming unions. While the NLRA excludes many workers from federal protection, SERA fills in some of the gaps and extends coverage to employees who may not be protected under the federal law. New York workers may have the ability to organize and advocate for fair workplace treatment even if they are not covered by the NLRA. If you’re wondering whether SERA applies to your workplace, getting good advice from a reputable labor law attorney is essential.

[1] On a practical level, it’s essential to understand that employers sometimes misclassify employees as independent contractors to avoid providing benefits and protections. If you suspect that you may have been misclassified, it is advisable to consult with an employment lawyer in your jurisdiction.

My employer is trashing me! What are my rights?

July 10th, 2023 by Sarah Ruhlen

Posted in Workplace Rights |

Tags: defamation, syracuse, workplacelawyer, workplacerights

A sad face and a bullhorn. Text: "Help! My boss is trashing me!" satterlaw.com/blog

Bosses sometimes say terrible things about workers. And those statements can have consequences for an employee’s livelihood.

Warning! A real defamation claim is much more nuanced and complicated than any blog, TikTok, or Instagram post can convey. Defamation is a common law claim which varies from state to state. Make sure you speak with a reputable workplace attorney in your jurisdiction about your specific situation.

To be truly defamatory, a statement must be 1) false, 2) published, 3) intentional, and 4) cause monetary damage.

In order to be defamatory a statement has to be a falsehood. So, if the boss is telling people that you are constantly late, and you are in fact constantly late, that’s not defamation. On the other hand, if you can prove that the statements about your tardiness are false, that is one element of defamation.

In addition to being a falsehood, the statement has to be “publicized” which means the employer has to share the false comment with someone else. If the false comment occurs during a phone conversation or in a meeting, unless you have witnesses who are willing to back you up, you might have a hard time proving it. But if the employer writes it down and then sends it to other people, then it might be easier to prove publication.

Intent means the employer meant, or recklessly disregarded the possibility, that the statement would be false. This is a tough element, as no one can crawl into the boss’s head to understand what they were actually thinking. But if there’s some plausible indication that there was a malicious motive behind the statement, that might help with the “intent” element.

Finally, you have to show monetary harm, which means showing a causal connection between your inability to get another job and the employer’s comments. This is the hardest element, as employers may have multiple reasons for not hiring particular person—which may or may not include false statements made by the prior employer. Sometimes employees hire private investigators to find out what former employers are saying during reference calls. That information, while expensive, can establish a causal connection.

Employers have several defenses to a charge of defamation. For example, most statements made during evaluations, employee counseling, grievance proceedings, and disciplinary proceedings are privileged, meaning even if they are false, the employer is allowed to make them. Additionally, statements made during legal proceedings are absolutely privileged. Moreover, opinions are not defamatory, so if the boss precedes the false comment with the words “in my opinion” then it’s going to be harder to prove defamation. And if you consent to the employer making a statement, then the employer is allowed to make the statement without being accused of defamation.

If you go through the above analysis and decide you want to try to pursue a claim, the next step is to go to an attorney. It’s important to make sure you feel comfortable with the attorney and understand, up front, the amount of time and money you might be required to spend to pursue the matter. The attorney will help you determine how strong the claim is, what kind of damages you might be looking at, and what options you have.

When the boss is truly besmirching your name, it’s worth the fee to speak with a reputable workplace attorney in your state.

So, my manager just called me into the office…

March 6th, 2023 by Sarah Ruhlen

Posted in Uncategorized |

Tags: #UnionRights, #UnionStrong, #Weingarten, labor attorney near me, syracuse, workers rights lawyer near me

Ever wonder what your rights are when you get the dreaded call to appear at a meeting with your manager or someone from the human resources department? The answer is…well, it depends, so read on!

If you are a union member, you have the right to union representation during an “investigatory interview” if you reasonably believe the meeting might lead to discipline. These are your Weingarten rights, named after a U.S. Supreme Court decision that created this protection for union members. Employers violate a union member’s Weingarten rights if they proceed with an investigatory interview while refusing to honor the member’s request for union representation.

Most any meeting may be an “investigatory interview” that triggers Weingarten rights, provided the following occurs:

A manager, representative of management, or supervisor wants to question an employee;
The questioning requires the member to defend, explain, or admit misconduct or work performance issues, including absenteeism and tardiness;
The employee reasonably believes that the investigation may result in discharge, discipline, demotion, or other adverse consequence to their job status or working conditions; AND
The employee requests a union representative.

Not every meeting triggers Weingarten rights, and it can be tricky to determine if the meeting checks all the boxes to amount to an “investigatory interview.” If you are a union member, it is a good idea to ask for union representation. If you are denied union representation, keep track of everything that happens during the meeting and, as soon as the meeting is over, write detailed notes of everything that happened and contact your union representative and share what happened.

As of this writing (March 6, 2023), Weingarten rights only apply to union employees, but that has changed in the past, and whenever the presidential administration changes, there is a chance that the scope of Weingarten rights may change. For example, the NLRB recently held that strike replacement employees are entitled to Weingarten protections.

So, definitely speak with a lawyer to find out if you have Weingarten rights today. Meanwhile, the benefit of Weingarten rights is one of many reasons to remain #UnionStrong!

Salary History is History in New York

October 5th, 2022 by Sarah Ruhlen

Posted in Workplace Rights |

Tags: jobapplication, salaryhistory, syracuse, workersrights, workplacelawyer

Google “salary history” and you’ll see that nobody loves the question: “What were you making in your previous position?” The good news is that a question about salary history is history in New York State. At the beginning of 2020, New York State Labor Law was amended to prohibit employers from asking the question.

Specifically, employers in New York State may not ask in any manner, during a job interview or otherwise, (viz., in writing, face-to-face, or through an agent) any information about previous compensation and benefits. If the job applicant or employee voluntarily offers the information, the employer is prohibited from relying on that information to determine whether to offer the job or what salary to offer. Current employees who are up for promotion are also protected from the salary history question, although a current employer is allowed to rely on information already in its possession.

Additionally, applicants are encouraged to contact the New York State Department of Labor’s Division of Labor Standards if they believe they have been retaliated against for refusing to provide salary history information in response to a request for it. (From a practical standpoint, if you want the job, it’s wise to have a tactful response ready for salary history inquiries. There are lots of articles online with ideas about how to navigate that situation.)

If you’re faced with a salary history conundrum, speak to an attorney in your jurisdiction to ensure you get the most up-to-date and relevant information.

There are a lot of things to be nervous about in a job application, but in the State of New York, the Salary History Question is not one of them.