by Stephen D. Hans | Nov 24, 2023 | Employment Defense Attorney
Can an Employer Terminate Workers Who Refuse to Work Onsite? The practice of telecommuting or working from home, which had been gradually getting traction over the past couple decades, exploded during the COVID pandemic, with the number of people working remotely tripling in early 2020, from just under 10 million to nearly 30 million. In the post-pandemic world, some employers have found remote workers to provide a significant benefit, but many others have demanded that employees return to a physical office, plant or other facility. Though the public health concerns associated with the coronavirus pandemic seem to be a thing of the past, there are regularly new strains of COVID, as well as other health concerns, all of which may be increased when working in proximity with others. Can a remote worker refuse to work onsite? If so, under what circumstances? What are an employer’s rights with respect to where an employee performs his or her job? Must an Employer Allow Employees to Work from Home? Generally speaking, there is nothing in the law that requires an employer to allow an employee to work remotely. Employers have the right to decide whether they want workers onsite, but must typically communicate that requirement to workers before they are hired. Furthermore, an employer may allow some employees to work from while mandating that other workers come into the office or workplace. The employer also has the right to establish the criteria for telecommuting. Can an Employer Violate the Law by Requiring that an Employee Work Onsite? There are situations where an employer may run afoul of the law by refusing to...
by Stephen D. Hans | Nov 10, 2023 | Employment Defense Counsel
Proven Counsel to Small-to-Medium Businesses in Throughout the NYC Metro Setting up, building and operating a successful business doesn’t just happen. It takes hard work, attention to detail, careful planning and teamwork. That’s always been our approach at Stephen Hans & Associates. Protecting the Rights of Employers in the NYC Metro Area for More than 40 Years Since 1979, the employment lawyers at Stephen Hans & Associates have protected the legal rights of small-to-medium-sized businesses throughout the five boroughs of New York City. We focus our practice on the needs of business owners, handling all matters related to: Labor disputes Employment law controversies Employment law investigations by state and federal governmental agencies We are skilled and experienced trial attorneys with extensive knowledge about matters related to: Allegations of discrimination or harassment in the workplace—We handle all types of Equal Employment Opportunity Commission (EEOC) proceedings, as well as complaints before the New York State Division of Human Rights and the New York State Commission on Human Rights. We also represent employers in discrimination and harassment litigation in state and federal courts. Wage and hour matters—We have represented employers in litigation involving minimum wage and overtime issues, including the defense of individual employee and class action lawsuits Retaliation and whistleblower actions—We have protected the rights of business owners in lawsuits alleging wrongful retaliation Union grievances—We represent management in disputes involving employee grievances, as well as allegations of unfair labor practices In addition to our trial practice, we advise and consult business owners and employers regarding a wide range employment law and human resources issues, such as the development and implementation of...
by Stephen D. Hans | Oct 30, 2023 | The Potential Underlying Issues Related to “Quiet Quitting”
What Is Quiet Quitting? What Might Quiet Quitting Tell You about Your Employees? The workplace has always been inhabited by both “go-getters” and “slackers,” those who go the extra mile and put in the extra time, and those who are out the door at the perceived end of the shift. In recent years, though, for a variety of reasons, the numbers of people curtailing their efforts on the job has grown significantly, such that they are now categorized as an identifiable entity—the “quiet quitters.” What Is Quiet Quitting? Quiet quitting is characterized by employees who put forth only the minimal effort necessary to retain their jobs. If they have allocated vacation, personal or sick time, they will customarily use all of it. When they are on the job, they’ll generally do the bare minimum, as set forth in any job description. They’ll rarely come to work early, never stay late, never volunteer for overtime and never take any work home with them. They rarely, if ever, engage in work-related discussions, rarely ask questions and rarely make suggestions for improving the work environment. What Underlying Issues May Manifest in Quiet Quitting? If, as an employer, you have become aware of employee behavior that may meet the definition of quiet quitting, there are a number of issues of potential concern: Your employees may not be properly classified—Often, the motivating factor behind quiet quitting is the perception by the employee that he or she is not being adequately compensated for his or her time. As an employer, it’s important to confirm that any salaried employees that you expect to be exempt from...
by Stephen D. Hans | Oct 25, 2023 | marijuana in the workplace
The Rights of Employers and Employees Related to Cannabis in New York State Since 2021, the recreational use of up to three ounces of marijuana and 24 grams of concentrated cannabis has been legal in the state of New York, pursuant to the provisions of the Marijuana Regulation and Taxation Act (MRTA). Can an employer still require that you undergo random or mandatory drug testing? Can an employer treat you differently in the workplace because of your recreational use of marijuana when you are not working? When can an employer impose sanctions or subject you to an adverse employment consequence because of allegations of use of or impairment due to marijuana while on the job? The MRTA Includes Basic Provisions Preventing Discrimination Based on Use of Marijuana The Marijuana Regulation and Taxation Act specifically bans discriminatory conduct by employers premised on an employee’s use of marijuana/cannabis during non-working hours, while not on company premises, or without the employer’s property or equipment. The MRTA does, however, identify those instances where an employer may take adverse employment action against a worker who uses marijuana: Where the employer would be in violation of federal law for not taking action Where the employer would be in jeopardy of losing a federal contract or federal funding for allowing employees to use marijuana Where the employer is required by federal law, statute or ordinance to take certain action Where, while the employee is on the clock or working, he or she exhibits “articulable symptoms” of cannabis impairment that either: Negatively affect the employee’s ability to do his or her job Negatively affect the employer’s ability...
by Stephen D. Hans | Oct 18, 2023 | Freelance Isn't Free
New Statute Would Protect Freelancers Statewide Freelancers…independent contractors…the “gig” economy. Regardless of the appellation, it’s the fastest growing sector of the economy. According to one study, the number of people working full-time as freelancers nearly doubled from 2020 to 2022, from just under 16 million to almost 32 million. Estimates are that up to 65 million Americans perform some type of freelance work every year. While legal protections have long been in place for W-2 employees, ensuring timely and fair payment of wages, many freelance workers have a history of late payments, underpayments and outright refusals to pay. Recognizing both the growth in the gig economy and the need to provide basic protections to freelancers, New York City enacted a law in 2016, known as the Freelance Isn’t Free Act, or FIFA. The law went into effect on May 15, 2017 and has reaped significant benefits for freelance workers throughout New York City. Now, legislators want to extend those protections across the state of New York. Introduced in February, 2022, the proposed law, if enacted, would use the New York City law as a framework. The Basic Requirements of NYC’s Freelance Isn’t Free Act Under the provisions of FIFA currently in place in New York City, freelance workers are entitled to: A written employment agreement—If the total amount to be paid to the freelance worker is $800 or more, which includes all work done within a 120-day window, the business hiring the freelancer must put the terms of the agreement in writing. The written contract must include basic terms, such as the names and addresses of all parties, a...
