New York Labor Law Blog

What are wage and hour rights protected by labor laws?

Upon starting a job, there are certain aspects and rights that remain crucial and necessary. While some of these benefits are added perks for the job, others are specific benefits that are afforded to employees because of employee rights and labor laws. Arguably, the two most important benefits that employees are concerned about are wage and hour rights. These rights focus on the wages and fair pay of employees, and for some workers, joining a union is the best way for employees inn New York and elsewhere to ensure that these rights are continually met and protected.

What are wage and employment rights protected by labor laws? Both federal and state laws outline and detail regulations concerning the minimum wage each worker is entitled to receive. These laws also identify when and if a worker is entitled to overtime pay. While these laws detail when and how much an employee should be paid, some employers fail to comply with these legal requirements. This often results in disputes and actions concerning the damages caused by these violations.

Why affordable housing is a concern for everyone

There was a time when someone making the minimum wage could afford a home of their own. Those times have changed. According to the U.S. Department of Housing and Urban Development (HUD), there is not one state in the country that a family with a single full-time wage earner making the minimum wage can afford a market-value two bedroom apartment.

New York City has one of the largest populations in the country, and as such, affordable housing is an essential part of the community. For people /businesses that are interested in providing affordable housing, consulting an attorney before beginning the process is critical. Why?

Benefits of striking and collective bargaining for union members

As previous posts have discussed, union members have powerful tools available to them to address employment or labor law issues. Two of the most important tools are collective bargaining and striking. These fair labor practices were written into law in 1935, which is when the National Labor Relations Act was passed. In the past years, these laws have been adjusted and modified in order to create a better balance between unions and employers.

Collective bargaining is a negotiating process that takes place between an employer or management and union members as a means to settle a variety of labor law issues. This frequently includes wages, hours, safety rules and grievance procedures. It is termed collective bargaining because the two parties collectively negotiate with representatives for each side. By law, both sides are obligated to negotiate in good faith, which means they must be open and fair.

Two nurse unions in New York set a strike date

There is a wide variety of employee benefits afforded to union members. Union membership is often looked at as a means to protect these rights while also having the ability to negotiate for better pay and work conditions. Another right afforded to unions is the right to strike. This action could occur if and when the negotiating process does not result in a resolution and the union members seek to prove their stance on the matter.

According to recent reports, nurses, technicians and clerk working at numerous dialysis center around New York City threatening a walk out. A date for a strike has been set for June 12, and if this strike occurs, it is expected to affect thousands of patients in New York. The unions for both groups decided to set this strike date after years of unsuccessful attempts at collective bargaining to develop a new contract.

What are the arbitration proceedings for union members?

As previously discussed, being part of a union can have a wide variety of benefits. Union members in New York and other states are able to collectively bargain, helping them make improvements in work conditions, receive better pay and even further protect their employee rights. While many things can be accomplished through union membership, various disputes and labor law issues are experienced. Thus, certain measures must be taken to resolve these matters.

When employee or labor law issues occur, this requires for collective bargaining agreements and negotiated grievance procedures to take place. While these steps help an employee, union or agency to resolve their matters, this does not always result in a resolution. Therefore, the Federal Service Labor-Management Relations Statute provides for a binding arbitration if the negotiated grievance procedures do not resolve the matter.

What the NLRB considers to be a protected concerted activity

Standing up for employee rights and working together with other employees can be a very beneficial process to be involved in. Being part of a union can help ensure that certain rights are protected and even restored if they were unlawfully taken away. The National Labor Relations Board or the NLRB help enforce the laws that protect the rights for employees to act together in an attempt to improve their pay and working conditions.

And while there are known rights for union members, this does not always prevent employees from being fired, suspended or penalized for taking part in the protected group activities of a union. However, the NLRB have drafted, passed and enforces the laws that ensure employees are not penalized for protected concerted activity.

Protecting your rights during a labor law dispute

Being a part of a labor union can be a very beneficial experience. Employees are able to assert their needs and protect their rights. Additionally, union membership can help with the process of sorting through disputes and reaching a workable resolution. While this is part of union membership, this does not mean that employment litigation does not occur. However, labor unions have a variety of options to work through these matters.

At Pitta, LLP, our experience attorneys know labor law. Our law firm not only advocates for labor union, but also our legal teams have years of experience dealing with a wide range of labor disputes. Thus, we are dedicated to serving New York residents, helping them navigate labor law issues.

This Door Must Remain Unlocked. Why?

You've probably seen the signs stating that certain doors must remain unlocked during business hours. But why? The reason is safety. The Occupational Safety and Health Administration (OSHA) has specific requirements for employee safety.

Some doors can be locked from the outside to prevent theft and trespassing, for example in a department store, theater or school. These doors must have "panic bars" or "crash bars" that allow the door to be opened in an emergency from the inside. 

What is a labor union?

While there is a wide variety of work industries in the state of New York, not all work places are designed the same or function the same. In some companies and large corporations, employees set up organizations to ensure their employee rights are outlined and followed. Labor unions are unique to certain industries and they can provide many benefits for employees.

What is a labor union? A labor union is described as an organization that is made up of workers that belong to the same trade or field. Unions can vary is size, some involving less than a hundred employees while others have millions of members. Large or small, labor unions use collective bargaining to negotiate with employers and further the interests of the members.

Resolving labor disputes through grievance mediation

Employees have many concerns regarding their rights in the workplace. When it comes to certain rights, some union members are fully aware how of their rights. However, some may wonder how far these rights extend. These questions are certain to develop if a disagreement or dispute evolves. While it might seem challenging to find a resolution in these situations, it is imperative to understand that certain mechanisms have been designed for unions.

Grievance mediation is a tool used by labor unions. It is an alternative dispute resolution method and is considered an effective way to help labor and management improve their relationships in a quick manner. Timely resolving contractual disputes and improving communications in the workplace accomplish this.

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