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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.

 

How to Protect Your Legal Rights During a Workplace Investigation: A Guide for Employees

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How to Protect Your Legal Rights During a Workplace Investigation: A Guide for Employees

Navigating a workplace investigation can be one of the most stressful experiences in your professional life. Whether you’ve been accused of inappropriate conduct or are a witness to such accusations, understanding your legal rights is crucial. The following strategies may help safeguard your legal interests during workplace investigations.

Understanding Workplace Investigations

A workplace investigation typically occurs when allegations of misconduct arise, such as harassment, discrimination, or violations of company policy. Even if the allegations are untrue, the process can significantly impact your career and reputation.

1. Know Your Rights

Before responding to a workplace investigation, familiarize yourself with your legal rights. In the U.S., employees are protected under various laws, including:

– **Title VII of the Civil Rights Act**: Prohibits employment discrimination based on race, color, religion, sex, or national origin.
– **The Americans with Disabilities Act (ADA)**: Protects employees with disabilities from discrimination.
– **The Age Discrimination in Employment Act (ADEA)**: Protects employees aged 40 and older from discrimination.
-**State and Local Laws prohibiting discrimination**: Same as the Federal statutes, but sometimes more coverage.
-**If you are a Union member, the terms of your contract**: This includes disciplinary proceedings, grievance machinery, and your right to representation during a workplace interrogation.

Understanding these laws will empower you to advocate for yourself and ensure you are treated fairly during the investigation process.

 2. Document Everything

Maintaining thorough documentation is crucial during a workplace investigation. Keep records of all relevant communications, including:

– Emails and messages related to the investigation
– Meeting notes
– Changes in your work environment (e.g., location, duties, treatment by coworkers)

This documentation can serve as a powerful tool if you need to challenge the investigation’s outcome or if you consider legal action in the future.

3. Seek Legal Counsel

Contact an attorney who specializes in employment law, especially one who has experience representing employees in workplace investigations. An attorney can guide you through the process, explain your rights, and help you prepare a response to any allegations. In some cases they can accompany you to meetings or interviews related to the investigation.

4. Avoid Discussing the Investigation

While it may be tempting to discuss the investigation with coworkers, avoid doing so. Conversations can easily lead to misunderstandings or further complications. Additionally, many companies have policies against discussing ongoing investigations, which could lead to disciplinary action against you.

5. Be Honest and Cooperative

Dishonesty can lead to severe consequences, including termination. However, this does not mean you should disclose any information without first speaking to your attorney. It’s essential to balance cooperation with the protection of your rights.

6. Do Not Retaliate

If you feel wronged during the investigation, avoid any form of retaliation against those involved, as retaliatory behavior could have serious repercussions for your case. Instead, talk to your lawyer about whether there is a way to rectify what happened.

7. Follow Up

After the investigation concludes, follow up to ensure that any actions taken were consistent with company policy and applicable laws. If you believe the outcome was unjust or discriminatory, consult with your attorney about potential next steps, which may include filing a complaint with your State Division of Human Rights, the Equal Employment Opportunity Commission (EEOC), or another agency.

Conclusion

Workplace investigations can be daunting, but knowing how to protect your legal rights can provide peace of mind. By documenting everything, seeking legal counsel, and approaching the investigation with integrity, you can help safeguard your future while navigating this challenging process.

If you find yourself facing a workplace investigation and need legal assistance, don’t hesitate to reach out to our experienced team. We’re here to support you and ensure your rights are protected every step of the way.

Call to Action

Have you experienced a workplace investigation? Contact us for a free consultation to discuss your case and understand how we can help you protect your rights. Your future is too important to leave to chance—let us guide you through this challenging time.

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.

 

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

 

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.

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.

DIVERSITY, EQUITY, and INCLUSION are Not Dirty Words and They’re Not Going Away

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Even before Inauguration Day 2025, corporations cravenly started rolling back their Diversity, Equity, and Inclusion[1] initiatives. Then the new administration came in swinging, implementing executive orders to eliminate “illegal” Diversity, Equity, and Inclusion measures.[2]  Now the new Attorney General has issued a memorandum instructing the DOJ to investigate, prosecute, and penalize “illegal” Diversity, Equity, and Inclusion programs in the private sector.

Guidance for employers, so far, is hilariously terrible: the last sentence in all the articles is: “talk to your lawyer.” Because no one knows what these orders mean. The people writing the articles don’t know. Corp counsel doesn’t know. Not even the attorneys making up these orders know.

We don’t know either, but we can tell you one thing: As of today, February 11, 2025, Diversity, Equity, and Inclusion are not “illegal.” They are statutory. There are federal statutes that prohibit employment discrimination on the basis of race, color, creed, national origin, sex, age, and disability. There are state statutes that prohibit other types of discrimination, for example, in New York, it is illegal to discriminate on the basis of marital status.[3]

What does this mean for workers? Well, it’s going to be harder to access opportunities. Programs aimed at leveling the playing field are now being dismantled. These programs weren’t perfect, but they were helping move folks into positions that would otherwise go to privileged, wealthy twerps.

Here’s the deal: you can still fight back. It is still illegal (as of February 11, 2025) for an employer to make a decision about your employment based on your race, color, creed, national origin, sex, age, or disability. In the State of New York, it’s also illegal for employers to discriminate on the basis of military status, familial status, marital status, status as a victim of domestic violence, arrest record, and citizenship and immigration status.[4]

Which means you can still sue their pants off if you can show they’re discriminating. And if they just rolled back a whole promotion program that was designed to help you advance on the basis of your qualifications rather than your golfing relationship with the boss, and the promotion you were after goes to a wealthy, privileged twerp, a really good way to show the corporation that discrimination is still illegal is to get a good employment lawyer to give them the message.

Diversity. Equity. Inclusion.

None of those is a bad word. Lawyer up, and let’s go.

_______________________

[1] In this article, we’re going to spell out Diversity, Equity, and Inclusion every time we mention it because we want to make it clear: people who oppose DEI are opposing Diversity, Equity, and Inclusion. Seriously, businesses, which one of those words is an issue for you?
[2] For example, federal agencies’ Diversity, Equity, and Inclusion initiatives and Lyndon B. Johnson’s 1965 Executive Order 11246, which built anti-discrimination policies into federal contracts.
[3] Talk to an employment lawyer in your jurisdiction to find out what additional protections might be in effect in your area.
[4] Seriously, talk to an employment lawyer in your jurisdiction to see if there are non-federal protections for you in your geographical location.

What Happens During A Legal Consultation?

 

Let’s face it. Most people don’t schedule consultations with attorneys for fun. The stress of the underlying situation, concerns about cost, the idea of trusting a stranger with personal details of your life, and not knowing how the attorney will react – all of this can add up to a bad feeling in the pit of a person’s stomach.

We understand that seeking legal assistance can be a daunting experience, and it’s completely natural to feel anxious about your initial consultation with an attorney. To help ease some of those concerns, here’s a little about how it works at the Satter Ruhlen Law Firm.

  1. How to Prepare

If you really want a productive consultation, take a little time, before you come in, to write down, in chronological order, the events you are about to describe to the attorney. You don’t need to write a novel. Just date, location, what happened, what was said, and witnesses.

Here’s an example:

  • 6/13/24 9:37 am in the parking lot at the north facility: Joe spat on my truck and called me a dumb b—-. Ron and Patty saw it. Julie heard him call me a dumb b—-.
  • 10:45 am I reported the incident to HR. (Email attached.)
  • 6/14/24 10:00 am HR called me to a meeting at headquarters. Present were Kathy the HR Rep, Fred the boss, and myself. Kathy told me I was fired. She had Ron escort me off the premises.
  • 6/15/24 I applied for Unemployment.
  • 7/15/24 Unemployment told me I’m not eligible because the boss claims I stole money from the petty cash drawer.

This isn’t for the attorney to read, so don’t worry about spelling, grammar, etc. This list is to help you stay on track and give a clear account of what happened.

As far as documents, bring that totally crazy email that the boss sent you. Feel free to bring recordings, pictures, screen shots, or your spouse or friend for moral support. Bring the contract if you have one, or bring the policy or handbook that you think is being violated. If you think there’s a statute or regulation involved, bring a copy of the statute or regulation.

In some cases, the attorney may ask you to send documents prior to the consultation. Make sure you send them at least 24 hours prior to the appointment so the attorney has time to review them.

If you have seven binders of documents, the attorney isn’t going to review everything. But if you think it’s relevant, bring it.

  1. Our Office

The Satter Ruhlen Law Firm is located on the 6th Floor of the historic McCarthy Building (217 South Salina Street) in downtown Syracuse, New York, at the corner of Salina and Fayette streets. It’s a lovely old turn-of-the century structure, with wreath and ribbon decorations over the windows. If you’re looking at the Wildflowers shop, you’re looking at our building. (The McCarthy Building is also home to two delicious restaurants – Jamaica Cuse and Aloha Bento. We recommend both!) There’s a heart painted on the north side of the building, with the words “Heart of Syracuse” written inside.

The good news is that there’s plenty of parking, whether on the street, in the open lot at the corner of Salina and Washington streets, in a parking garage, or a block or two in any direction. The bad news is that it’s all metered parking. The parking meters are kind of weird so you may want to download and use the Flowbird parking app.

The elevators are on the left as you enter from Salina Street. (On the right you’ll see the indoor entrance to Wildflowers, as well as stairs down to the shops in the McCarthy Mercantile). Come up to the 6th Floor and turn right. You’ll see our door with gold lettering on it. Currently our floor is under construction, so there’s an odd entryway area as you come in. You’ll see a big window, and behind the window is our office manager. At least, that’s where their desk is – the job keeps them busy! The door to our office is to the left of the big window. Come on in!

  1. Checking in

The office manager will greet you and get you checked in. You can hang up your coat and hat, and if it’s snowy, feel free to ditch your boots in the boot tray. If the office manager is not at the desk, have a seat – they’ll be there in a minute. Take some time to peruse the books and magazines on the coffee table. (For remote consultations, we’ll send you a secure video link.) Once you’re checked in, the office manager will show you into the conference room and then they will tell the attorney that you’re here. It may take the attorney a minute – we always seem to get phone calls just before someone comes in. Take some time to check out the books on display and the wall hangings, which provide some fascinating background on the history of workers’ rights.

  1. The Consultation

One purpose of the consult is to for you to determine whether you want to work with us. So, in addition to figuring out whether there is anything that we can do for you, we’re also going to be considering whether it makes sense for us to enter an attorney-client relationship with each other. There are a lot of different factors that go into that decision, including but not limited to the strength of your case, whether it’s financially feasible, and what type of work needs to be done. Legal fees are expensive! So if you’re going to retain a lawyer, it makes sense to be choosy and make sure you’re getting someone you can work with.

Once the office manager has got you settled, the attorney will come into the room and greet you. If you bring somebody with you, the attorney will get the name of the person and their relationship to you. This is important for purposes of determining how protected the conversation may be from subpoenas or discovery. The attorney will usually start off by explaining a little bit about confidentiality rules. They will confirm that they have good contact information for you, including a mailing address, phone number, and email address where they can send confidential communications.

The attorney may ask you for some background information about your workplace. For instance, if you’re an educator, they may ask if you’re tenured. There may be some jurisdictional questions, such as how many other employees work for the company, or whether you get paid hourly or salary, on a W-2 or via 1099. They may ask where the employer is located, or ask you to describe a little bit about the industry you work in.

At some point the attorney is going to say something along the lines of, “Tell me why you’re here.”  This is a good time to refer to  that timeline you jotted down before you came in. Now, you’ve already given the office manager a little bit of information for purposes of conflict checking. But the attorney needs your personal perspective on what’s happening, and the best way for them to get that perspective is for you to tell them, in your own words.

Be prepared to be interrupted. The attorney isn’t trying to be rude. What they’re trying to do is to get key, relevant details that help them assess your situation. They’re probably going to ask you when things started to go wrong at work, why they started going wrong, and who’s involved. They’re going to be really annoying about dates, names, titles, and locations. They may ask if there are any witnesses to what you’re describing. They will probably ask about policies and procedures. They’ll ask who you’ve tried to talk to about the situation you’re facing. They’re going to be typing or taking notes as you talk, and they may ask you to slow down or to go back and repeat something they missed. They may ask you to pause for a moment as they review their notes.

At some point, the attorney’s going to explain the legal framework they think you’re operating within, and go over potential legal issues that they’ve spotted while you’ve been describing your situation. If you are a public employee, the attorney might help you draft up a Notice of Claim right then and there. They’re going to ask you if you’ve considered different options, and help you think about what options might make sense for you in your particular situation. For example, if you haven’t already reported the problem to the HR rep, the attorney may talk with you about whether it’s a good idea, what strategy to take, potential language to use, whether to copy other people, when to do it. This is your opportunity to strategize with the benefit of the attorney’s expertise and experience. You might end up making a pros-and-cons lists, or the two of you working together may discover other possibilities.

  1. Ending the Consultation

The consult may end in several ways. Here are three common possibilities: 1) we decide to offer representation, 2) we decide not to offer representation, or 3) we decide to do some more research and analysis and get back to you about whether we can offer representation.

If we offer representation, you will be presented with a retainer proposal that describes what we propose to do and how we expect to be paid for it. It is a proposal to provide legal services, and the “retainer” is a written contract for those services. It’s important to understand that having consulted with an attorney is not the same as being represented by an attorney. No one is represented by our firm unless there is a written retainer with both our signatures on it.

We may conclude that it doesn’t make sense for us to offer representation. There are a myriad of reasons that might happen. Sometimes, the consultation gives an individual enough information to navigate the situation without needing to retain us. Sometimes, employees realize they’d be better off socking that money into their 401(k) than hiring us. If we decide not to offer representation, we’ll follow up in a day or two with a nonengagement letter. We always recommend getting a second opinion if you feel we’ve missed something – different lawyers see things differently, and what one firm might not be willing to take on, another firm may specialize in.

A lot of times, we need to do some additional work, such as reviewing your situation with another attorney in the firm, calling up your witnesses, or reviewing your documents. We may want to talk to an outside attorney about a referral or maybe bringing in their particular expertise as potential co-counsel. If we need to do more follow-up work, the attorney will give you a ballpark about when you can expect to hear back from us, usually within a few days to a week. The follow-up is not a commitment to offer representation – it’s an opportunity for us to get more information to decide whether we can offer representation. Once we have made a decision, we’ll either send you a retainer proposal or a nonengagement letter.

  1. Final Thoughts

Signing up for a legal consultation can feel overwhelming, but understanding what to expect can significantly ease your anxiety. From thorough preparation to knowing what happens during the meeting, each step is designed to ensure you receive the best advice possible tailored to your unique situation. At Satter Ruhlen Law Firm, our goal is not only to assess your case but to foster a relationship grounded in trust and transparency. Whether you leave with legal representation or empowered with guidance to handle your issues independently, our commitment is to make your consultation a constructive experience. Seeking legal assistance is a vital step towards asserting your rights, and we are here to support you.

 

Remembering Lilly Ledbetter and Her Impact on Women’s Rights in The Workplace

Posted by Sarah Ruhlen on behalf of William Hand

It is no secret that women are generally paid less than men. This phenomenon is commonly referred to as the Gender Pay Gap. Nationally, employers are paying women working full-time, year-round jobs, on average, eighty-three cents for every dollar paid to men. When part-time and part-year workers are included in the comparison, women were typically paid only seventy-eight cents for every dollar paid to men in 2023.[1]

Lilly Ledbetter was a modern pioneer fighting against this Gender Pay Gap. She recently passed away at 86 on October 12, 2024. Given her recent passing, let us take some time to remember Lilly and appreciate her significant contribution to fighting gender inequality and workplace discrimination.

Lilly Ledbetter, a Jacksonville Alabama native, was a supervisor at a Goodyear tire plant in Gadsden, Alabama starting in 1979. She was one of the few female supervisors at the Gadsden tire plant and worked there for almost 20 years. Lilly faced substantial sexual harassment in her time with Goodyear, including her boss telling her that he did not think women should be working there.

One day while working at the Goodyear plant Lilly received an anonymous note informing her that Goodyear was paying her less than her male coworkers in the same position. In an interview with National Public Radio in 2009 Lilly recalled “When I saw that, it took my breath away. I felt humiliated. I felt degraded. I had to get my composure back to go ahead and perform my job and then my first day off, I went to Birmingham and filed a charge with the EEOC.”

Filing a claim with the EEOC was Lilly’s first step in her ten-year fight for women’s equality in the workplace.

LEDBETTER V. GOODYEAR TIRE & RUBBER CO.:

After she filed a complaint with the EEOC, Lilly sued Goodyear for gender discrimination in violation of Title VII of the Civil Rights Act of 1964, alleging that the company had given her a low salary because of her gender. A jury found that Goodyear had discriminated against Lilly Ledbetter and awarded her $3.5 million in compensatory and punitive damages for the extreme nature of the pay discrimination that Goodyear subjected her to.

Later A federal district judge reduced her damages to $360,000.

Goodyear appealed, citing a Title VII provision that requires grievants file their Title VII discrimination claims within 180 days of the employer’s discriminatory conduct. The jury had examined Lilly’s entire career for evidence of discrimination, but Goodyear argued that the jury should only have considered the one annual salary review that occurred within the 180-day limitations period before her complaint. Ergo, Lilly’s claims were time-barred because any decision to pay Lilly less than her male counterparts happened more than 180 days before she filed her claim.

The U.S. Court of Appeals for the Eleventh Circuit reversed the lower court, but without adopting Goodyear’s position entirely. Instead, the Circuit Court ruled that the jury could only examine Lilly’s career for evidence of discrimination as far back as the last annual salary review before the start of the 180-day limitations period. The Circuit Court ruled that Lilly getting a low salary during the 180 days did not justify the evaluation of Ledbetter’s entire career. Instead, only those reviews that affected Lilly’s pay during the 180 days could be evaluated. The Circuit Court found no evidence of discrimination in those reviews, so it reversed the District Court and dismissed Lilly’s complaint.

The Supreme Court then heard Goodyear’s appeal and decided against Lilly with Justice Samuel Alito writing for the 5-4 majority. Justice Alito wrote that the Court found Title VII’s limitations period barred Lilly’s claim because the “current effects alone cannot breathe life into prior, uncharged discrimination.” Justice Alito further opined adopting Lilly’s argument would mean “if a single discriminatory pay decision made 20 years ago continued to affect an employee’s pay today, the dissent would presumably hold that the employee could file a timely EEOC charge today.”

In dissent, Justice Ruth Bader Ginsburg called the majority’s decision “a cramped interpretation of Title VII, incompatible with the statute’s broad remedial purpose.” Justice Ginsburg included in her dissent that, “the Legislature may act to correct this Court’s parsimonious reading of Title VII.”

THE LILLY LEDBETTER FAIR PAY ACT:

In response to the Supreme Court’s decision, Congress passed the Lilly Ledbetter Fair Pay Act on January 29, 2009. The introductory finding section of the Act states:

Congress found The Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), significantly impairs statutory protections against discrimination in compensation that Congress established and that have been bedrock principles of American law for decades. The Ledbetter decision undermines those statutory protections by unduly restricting the period in which victims of discrimination can challenge and recover for discriminatory compensation decisions or other practices, contrary to the intent of Congress.

The Act goes on to reinstate prior law, making it clear that pay discrimination claims based on sex, race, national origin, age, religion, and disability “accrue” each time an employee receives a discriminatory paycheck; when a discriminatory pay decision or practice is adopted; when a person becomes subject to the decision or practice; or when a person is otherwise affected by the decision or practice. The law is retroactive to May 28, 2007, the day before the Court issued its ruling in Ledbetter v. Goodyear Tire & Rubber Co.

IMPACT:

The Lilly Ledbetter Fair Pay Act of 2009 means that every paycheck from an employer that violates the Equal Pay Act refreshes the period for filing the claim. Further, it now allows the successful grievant to obtain relief including recovery of back pay for up to two years before they filed the claim of unlawful pay discrimination. However, while the Act is a great step forward in advancing pay equality, recovery is still limited to backpay for a maximum of two years before filing a claim. Therefore, anyone who feels they are being illegally discriminated against in their pay or compensation should consult an attorney sooner rather than later, or risk losing out on back pay they might otherwise be entitled to.

CONCLUSION:

Lilly Ledbetter did not set out to be a modern activist fighting the Gender Pay Gap. She was a woman who gave nearly twenty years of her career to an employer who paid her less than her male counterparts. However, what truly set Lilly apart was that she simply did not accept this discrimination. She fought it in Federal Courts for nearly ten years, all the way to the Supreme Court of the United States, to hold her employer accountable. While her case was ultimately unsuccessful, it was because she fought so hard for equal pay that Congress passed The Lilly Ledbetter Fair Pay Act of 2009 bringing us a little closer to fair pay and workplace equality.

Thank you, Lilly Ledbetter!

[1] The Wage Gap, State by State – National Women’s Law Center; 2024 Gender Pay Gap Report (GPGR) | Payscale Research

– William P. Hand

217 S. Salina St., 6th Fl.,
Syracuse, NY 13202

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