Tag Archives: workplacerights

Speaking Up On Behalf Of Your Coworkers

October 9th, 2023 by Sarah Ruhlen

Posted in Advocating for Coworkers, Ask A Worker's Rights Attorney!, Workplace Rights |

Tags: #AdvocateForYourRights, #EmployeeRights, #EmploymentAndLaborLaws, #LaborAndEmployment, #NewYorkState, #NewYorkStateLaborLaws, #SyracuseNY, Accommodations, employment attorney near me, labor attorney near me, labor law firm, labor lawyer near me, Reasonable Accommodations, workers rights attorney near me, workplacelawyer, workplacerights

Your employer probably does not welcome your advocating for your colleagues. Whether your advocacy is protected or not depends on what you are discussing, how you say it, and how many other employees it involves.

This is an area of law that flip-flops every few years, so make sure you speak to a reputable workplace attorney!!!

A recent decision by the National Labor Relations Board has expanded the protections for your workplace discussions. It’s complicated, but you may have the right to talk with other employees or the boss about things like workplace safety, your wages, the schedule, or other terms and conditions of employment for the purposes of “mutual aid and protection.” “Mutual aid and protection” is one of those legal phrases that has a special meaning, so you’ll definitely need to speak with a lawyer to know whether a particular comment is protected. Generally speaking, if your comment to coworkers is intended to initiate or prepare for group action, or to bring group complaints to management’s attention, it may be protected.

Discussions that only involve your individual circumstances are not protected. And not every remark made in a group setting is protected. And even if your remark turns out to be protected, it may take months or years of litigation to ascertain that it was protected – during which time you are probably going to be looking for a job.

That said, Section 7 of the National Labor Relations Act gives many private-sector workers a federally-protected right to engage in protected concerted activity for the purposes of mutual aid and protection, and they don’t have to be in a union to exercise that right.

If your boss is on your case for a remark you made about a concern shared by your coworkers, talk to a workers’ rights attorney. It may turn out you have some protection.

Illegal Mandatory Overtime for New York Nurses

September 11th, 2023 by Sarah Ruhlen

Posted in Illegal Mandatory Overtime, Workplace Rights |

Tags: #EmployeeRights, #EmploymentAndLaborLaws, #IllegalOvertime, #LawFirm, #Lawyer, #MandatoryTimeOff, #NewYorkState, #NewYorkStateLaborLaws, #NYSNurses, #TimeOff, workplacerights

Imagine you’re an LPN working at a nursing home, and you haven’t had a day off in two weeks. The nursing home is short-staffed. Management says they’re trying to hire, but you don’t see them trying very hard. You need the job, so you keep on working. And working. And working. You need to take your child to the dentist, there is a mountain of laundry, and you really need to get snow tires. And you need a nap! But there’s no time, because they keep scheduling you for back-to-back shifts.

Now, imagine you’re coming to the end of yet another double. You put in for time off three weeks ago. You’re really looking forward to that nap!

Then the scheduler announces that you are being mandated for overtime. Your heart sinks. No time now for the dentist. No laundry, no snow tires. No nap! You have a feeling that something isn’t right, but you’re not sure who can do anything about it. What’s a nurse to do?

Good news: the New York State law on mandatory overtime for nurses has been amended. Employers are not allowed to require mandatory overtime for nurses except in emergency situations – defined as a health care disaster, a state of emergency, an unforeseen emergency that the employer could not plan for, or during a medical procedure where the nurse is needed. Note that emergency situations do not include chronic staffing shortages! This law applies to registered nurses (RNs) and licensed practical nurses (LPNs).

The amendment sets up civil penalties for violations, as well as requiring the employer to pay an additional 15% of overtime to the nurse. These penalties only kick in after the New York State Department of Labor completes an investigation and concludes that the law was violated. Nurses who believe that their employers are violating the mandatory overtime protections should speak with their union representative or a New York State workplace lawyer.

And then they should take a good long nap.

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.

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.