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...
by Stephen D. Hans | Oct 10, 2023 | United States EEOC in a Workplace Discrimination Claim
The Involvement of the U.S. Equal Employment Opportunity Commission in Protecting Your Rights at Work When you have been treated differently or unfairly at work because of your race, gender, age, religious beliefs, disability or membership in any other state or federally protected class, you have an ultimate right to legal redress. Filing a workplace discrimination claim, however, is a process, a bit more complicated than simply hiring an attorney and filing a lawsuit. Before you can bring any discrimination claim in a federal court of law, you must first take your concerns to the Equal Employment Opportunity Commission (EEOC). What Is the U.S. Equal Employment Opportunity Commission (EEOC)? The Equal Employment Opportunity Commission, or EEOC, is an independent federal agency tasked with enforcing federal laws governing discriminatory actions by employers. Most employers who have 15 or more employees are subject to the jurisdiction of the U.S. Equal Employment Opportunity Commission. What Is the Role of the EEOC in a Workplace Discrimination Claim? To initiate any type of workplace discrimination claim, you must first file a complaint with your local EEOC office. You do not need an attorney to do this, but will typically find the process complex and intimidating to navigate without qualified legal counsel. You can make your initial contact with the Equal Employment Opportunity Commission in a number of ways, including by phone, in person, by email or with a letter. In most employment situations, you must report the discrimination to the EEOC within 180 days of your discovery of such allegedly wrongful conduct. This time frame may, however, be different if your employment at the...
by Stephen D. Hans | Aug 22, 2023 | Onsite Work vs. Remote Work
Pros & Cons about where workers work Post-pandemic, many employers are wrestling with where employees should work: onsite work vs. remote work. There are advantages and disadvantages for each option, not to mention industries and work situations differ. What are the advantages of onsite work? According to shrm.org , different executives have weighed in, explaining that some of the pros of onsite work include: Boosts in productivity for some job roles Ability for executives and managers to check and assess the work more easily Employee interaction that fosters working relationships and builds trust More successful collaboration Greater ability for employees to advance within the organization Advancement that tends to drive morale and productivity Easier for brainstorming ideas Increased socialization, which is more vital for new employees What are the pros of onsite work from the employees’ perspective? Seyfarth at Work conducted a survey of more than 500 employees who worked in companies of all sizes during the pandemic. These were some of the results as to what employees felt they were missing by working remotely: In-person workplace conversations (answered by 61%) The daily, regular structure of reporting to a worksite (42%) Happy hours and lunches with co-workers (40%) Fewer interruptions by children during the workday (37%) Other benefits were that worksites provide easy access to equipment, supplies and technology. What are some of the advantages of remote work? Some of the advantages for working remotely from employees’ perspectives included: More flexible schedules Better schedules for customer service, sales, content creation and IT workers 70% of workers wanted more flexible future schedules As an employer, do you have legal questions...
by Stephen D. Hans | Aug 15, 2023 | Family Medical Leave Act (FMLA) Can Apply to Overtime Mandatory overtime
Mandatory overtime can apply to the FMLA The FMLA can apply to overtime, but some employers might not realize this fact. The U.S. Department of Labor (DOL) issued an opinion letter in February of 2023 stating that FMLA can affect overtime hours. The letter confirmed that employees can use intermittent FMLA leave when they’re unable to work the required overtime hours. In fact, they can take their FMLA leaves on an hour-by-hour basis. What is a reduced leave schedule and how does it work? A reduced leave schedule is a leave that reduces the usual number of weekly hours by the week or per workday. This is not new, but the opinion letter that addresses this fact is. When the FMLA can apply to overtime, what industries does this affect the most? According to SHRM.org ,the following industries will likely have to deal with this issue: Health care Police Firefighters These industries often work 24/7 and overtime is more prevalent than in other lines of work. How should an employer view a request to use FMLA time for overtime? For example, in the health care industry, employees often work 12 hours, which are long shifts. Different states have different laws affecting overtime, which can affect the length of shifts. However, when an employee has not used their FMLA leave, the request not to work overtime should be treated as an FMLA protected leave. This is provided that the reason for the leave meets FMLA requirements. Calculating used and unused FMLA leave time is something employers should keep track of and do. In other words, an employee working a typical...
by Stephen D. Hans | Aug 8, 2023 | Sexual Harassment, Sexual Harassment in the Restaurant Industry
Sexual Harassment Issues in the Restaurant Industry A McDonalds franchise, AMTCR, Inc. settled their sexual harassment lawsuit with the EEOC in January 2023. AMTCR is a franchise owner operating approximately 18 McDonald’s restaurants in Nevada, Arizona and California. What were the details of the case? The EEOC (Equal Employment Opportunity Commission) brought the case against AMTCR on behalf of the workers. The case revealed that AMTCR knew supervisors, managers, and co-workers were sexually harassing employees at various McDonald restaurants. However, they allowed the harassment to continue and did nothing to deal with it. What types of harassment occurred? The targeted employees were young males and females. The behavior violated Title VII of the Civil Rights Act of 1964, and included unwanted: Touching Offensive remarks Sexual advances Intimidation The unwanted behavior had occurred since 2017. The EEOC filed its original complaint in Sept. 2021. It complained of the alleged harassment of 11 victims. The hostile work environments and sexual abuse had resulted in most of these employees quitting their jobs. What were the details of the settlement? A U.S. District Judge in Las Vegas heard the case, and the case settled for $1,997,500. Eligible complainants will receive the money from the payout. In addition, the judge’s decree required AMTCR to maintain an outside monitor for overseeing how the company handled their harassment and retaliation complaints. AMTCR agreed to do the following: Improve employee training Track harassment and retaliation complaints Survey employees annually regarding workplace conditions Details of an earlier McDonalds lawsuit that involved McDonalds directly McDonalds was not a party in the above lawsuit. However, in April of 2021, McDonalds...
