Tag Archives: workplacelawyer

Meet Tashakee!

November 15th, 2022 by Sarah Ruhlen

Tags: employment attorney near me, employment law firm, labor attorney near me, labor law firm, workplacelawyer

Tashakee sitting in front of law books

Tashakee Ledgister is interning with Satter Ruhlen Law Firm this semester through her Political Science Internship Course at Syracuse University, taught by Political Science Professor and Campbell Public Affairs Institute Director Grant Reeher.

Tashakee migrated to the US from Jamaica at the age of 13. She has lived in NYC and Long Island, and attended high school in Manhattan. She is now a Junior at SU, majoring in Political Science and Political Philosophy, with a minor in Public Policy. Tashakee is a Network for Teaching Entrepreneurship Scholar, and a recipient of the Our Time Has Come and Invest in Success scholarships. She is a South Campus Community Ambassador and a peer mentor for Dimensions and Orange Success. In her free time, Tashakee is a member of the Caribbean Students Association and is part of the Kalabash Dance Troup, which performs at local SU games and engages in community service projects. Recent projects include raising over $2000 for underserved families, and running a supply drive for women affected by the NYCHA fire in Harlem. Tashakee plans to go to law school when she graduates.

Tashakee wanted to intern at Satter Ruhlen Law Firm because, while she had worked on political campaigns and interned in a big law firm, she wanted to learn more about working in a small firm. “When I started working at Satter Law, I didn’t know that I was interested in labor law. It wasn’t an area that I knew anything about previously, but I find it fascinating.” In fact, Tashakee wrote her midterm paper on how her interested in labor law has developed over the semester. “One of my favorite activities at Satter Law has been sitting in on client consultations. It has taught me a lot about putting people at their ease when they are under stress and facing emotional situations that drive them to seek legal help.”

We are impressed with Tashakee’s experience on political campaigns and working with underserved populations. Tashakee is terrific to work with – she’s curious, engaged, and committed to defending workers’ rights. Also, she’s a ton of fun! Thanks for joining us, Tashakee!

Vote on Nov. 8! Paid Voting Leave in NY!

October 27th, 2022 by Sarah Ruhlen

Posted in Workplace Rights |

Tags: employment attorney near me, paid voting leave, vote, voting rights, workplacelawyer

Voting Box

If you are a New York Worker, you may be entitled to paid voting leave on November 8. In New York, if you don’t have four consecutive hours while the polls are open, then you are entitled to up to 2 hours of paid leave to go vote.

Polls are open from 6:00 am to 9:00 pm. Here’s how it works:

If your shift begins before 10:00 am and ends after 5:00 pm, you don’t have four consecutive hours to get to the polls. That means you are entitled to up to two hours of paid leave to vote.
You must give your employer 2-10 working days’ notice of your intention to take paid time off. “Working day” means a day that your employer is open for business. Don’t give fewer than 2 day’s notice, and don’t give more than 10.
The employer is allowed to require that voting leave must occur at the beginning or end of your shift.
Your employer may not require you to use earned leave (such as vacation, PTO, etc.) as your voting leave.

Please note: If your shift begins after 10:00 am or ends before 5:00 pm, then you have four consecutive hours in which to get to the polls, and you are not entitled to paid voting leave.

The New York State Board of Elections has a handy FAQ available for details. If you feel that your employer is violating this law, you can contact the New York State Division of Labor Standards (888-4-NSYDOL) or the New York State Attorney General’s Office Labor Bureau (212-416-8700).

Still have questions about New York paid voting leave? Contact a workplace attorney near you!

$3000 Bonuses for New York Health Care Workers

October 13th, 2022 by Sarah Ruhlen

Posted in Workplace Rights |

Tags: #bonuses, #healthcareworkers, employment attorney near me, workersrights, workplacelawyer

This year the New York State legislature voted to provide up to $3000 bonuses to New York health care workers. Eligible [“qualifying”] workers are front line health care and mental hygiene practitioners, technicians, assistants and aides who make $125,000 or less annually. They must work for a qualified employer, e.g., a provider, facility, pharmacy, or school health center licensed under the New York State Public Health Law. The bonuses are W-2 wages for federal tax purposes, but they will not be taxed by the state.

If you are a qualifying health care worker, you can get a bonus if you work the requisite number of hours during designated six month periods between October 2021 and May 2024. Bonus amounts range from $500 to a maximum of $3,000 depending on how many hours you worked. You can only get a bonus for two 6-month time periods per employer, and you max out at $3,000.

Qualifying employers are required to claim the bonuses on behalf of their workers. The employer will require you to sign an attestation of eligibility. Once the employer has the money, they have 30 days to pay you. They are not allowed to use the bonus to offset your regular wages.

See the New York State Department of Health’s guidance for more detailed information on these bonuses. If you are a qualifying employee and you have questions or concerns about how your boss is handling the bonuses, speak to your union immediately! And if you’re not unionized, contact the nearest reputable worker’s rights lawyer.

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.

Can the boss require you to be screened?

September 26th, 2022 by Sarah Ruhlen

Posted in Uncategorized | No Comments

Tags: #workplaceprivacy, employment attorney near me, syracuseworkersrights, workplacelawyer

@workplacelawyer Can the boss require you to be screened? #syracuseworkersrights #workplacelawyer #workplaceprivacy ♬ original sound – WorkplaceLawyer

Do I have to disclose an ACD on my NY job application?

September 21st, 2022 by Susan McNeil

Posted in Workplace Rights |

Tags: employment lawyer near me, jobapplication, Workplace Rights, workplacelawyer

Earlier this year a client asked me, “Do I have to disclose an ACD on my New York job application?” The client was looking for a new job after having been arrested. Understandably, he had a lot of questions about how the arrest and possible conviction were going to impact his future job prospects. Long story short, the criminal matter (for which I did not provide representation, as I am not a criminal defense specialist), was resolved with an adjournment in contemplation of dismissal [“ACD”] – which provides for a full dismissal of the charges following a period of time, usually six months, as long as the defendant does not get arrested again during the adjournment period.

The client then posed the question: “Do I have to disclose the ACD on my job application?”

Excellent question.

Here’s how an ACD is treated in New York State in the context of finding a job. [Please note that New York City has different rules. Call an attorney if you’re not sure how to respond to employment questions about arrests!]

New York Executive Law §296.16 was amended in 2019 to provide that job applicants are not required to disclose information about an arrest that was followed by an ACD. However, an ACD is likely to show up on a pre-employment background check until the terms have been satisfied. If the applicant has exercised their right not to disclose, a prospective employer may assume the applicant is being dishonest and trying to cover up the arrest. Luckily, the New York law prohibits employers from taking an adverse action because of an ACD. Unluckily, employers may not be aware of this prohibition.

In this catch-22 situation, it is a very good idea to contact the New York State Division of Human rights, or a New York workers’ rights attorney, or both. After we talked, my client knew his rights as he went through the application process. I am happy to report that he got the job.

Always contact a workers’ rights attorney in your jurisdiction if you are concerned about how an arrest might affect your employment.

Cannabis in the New York Workplace

September 8th, 2022 by Sarah Ruhlen

Posted in Uncategorized |

Tags: cannabis, employment law firm, employment lawyer near me, marijuana, syracuseworkersrights, workers rights attorney near me, workers rights lawyer near me, workersrights, workplacelawyer, workplacerights

Cannabis in the New York workplace? New York State has a law about that. satterlaw.com/blog (Picture of a man smoking)

In July 2022, Senator Schumer’s Cannabis Administration and Opportunity Act bill was introduced, seeking to decriminalize marijuana federally. There are a variety of reasons the bill may not have the votes to pass, but many states – including New York – have laws that prohibit discrimination against employees who use cannabis… sort of.

So, what are the rules about cannabis in the New York workplace? In New York, employees’ lawful off-duty conduct is technically protected. And in March 2021, New York Labor Law was amended to specify that lawful off-duty conduct includes recreational use of marijuana.

Does this mean you can smoke up at work with impunity? NOPE. Please don’t do it – you’ll get fired. (See our previous blog posts here and here for more information about how marijuana can still get you fired.) But it does mean that a New York employee who works in a non-safety sensitive position shouldn’t be getting tested for cannabis, and shouldn’t be getting into trouble for off-duty use unless the employee “manifests specific articulable symptoms of cannabis impairment” that interfere with job performance or safety. What are “articulable symptoms of cannabis impairment?” Very good question. Nobody knows. Bottom line, don’t be high at work.

Also, if there are state or federal regulations (for example Department of Transportation rules) that require testing, the employer can still test and take disciplinary action on the basis of a positive test. If you have specific questions about cannabis in the New York workplace, make sure you consult with a New York workplace attorney!

So, the workplace is not going to become a magical mystery tour any time soon. But what you do after work is starting look a little more like your own business.

New York Farmworker Fair Labor Practices Act

May 12th, 2022 by Sarah Ruhlen

Posted in Uncategorized | No Comments

Tags: FarmworkerFairLabor, workers rights law firm, Workplace Rights, workplacelawyer

Información adicional en español aquí y aquí.

Historically, farm workers have few protections under federal labor statutes, making it difficult for them to unionize, earn fair wages, assert workers’ compensation claims, or enjoy adequate rest periods. At the beginning of 2020, the New York State Farm Laborers Fair Labor Practices Act implemented the following provisions to improve working conditions for farm laborers:

Farm workers have the right to unionize. Section 701 of the New York Labor Law has been amended to include farmworkers as “employees” and farm owners as “employers,” and other sections of the law have been amended to give farmworkers some of the same unionization rights as other private sector workers. Note, however, that farmworkers cannot legally strike.
Maximum 60-hour workweeks and overtime: NYLL 163-a limits the workweek to 60 hours for farm workers, and requires employers to pay time and a half for overtime hours. Additionally, section 161 now states that farm laborers are allowed 24 consecutive hours of rest per calendar week.
Section 225 of the Public Health Law allows code officers to inspect premises inhabited by fewer than five persons, and to enforce sanitary code requirements for living quarters.
Workers’ Compensation: Workers’ Compensation coverage has been expanded to more employees, and notices must be posted in both Spanish and English. Supervisors are required to report injuries to the employer, and employers are prohibited from retaliating against workers who file for Workers’ Compensation benefits.
Farm Laborers’ Wage Board: A wage board is empowered to make recommendations regarding overtime rates for farm workers to the governor and legislature.
Employers must get a permit to operate housing for farm laborers, which improves the chances that living quarters will be safe and sanitary.

Notwithstanding early legal challenges and the pandemic, farmworkers are starting to unionize and assert their rights. Recently, vineyard workers on Long Island became the first unionized farmworkers in the state, joining Local 338 RWDSU/UFSW. This is an enormous stride in the long history of farmworker rights, and it is only the beginning.

In January 2022, the New York Farm Laborer’s Wage Board voted require overtime pay for farmworkers after 40 hours of work in a week–but the Wage Board has not adopted the official report, which would trigger the timeline for the New Yok Labor Commissioner to approve or overturn the vote. Watch this space.

If you have questions about how your rights might be affected by the Farmworker Fair Labor Practices Act, contact a workers’ rights attorney today.