Jeffrey D Pollack

April 08, 2022 | New York Law Journal

A recent decision from the Eastern District of Pennsylvania, involving an employee's refusal to comply with the hospital employer's requirement to get the flu vaccine, gives some insight into how these cases may evolve.

By Jeffrey D. Pollack

11 minute read

February 22, 2019 | New York Law Journal

Necessary elements of a Hostile Work Environment claim include that the complained-of conduct is directed at the person because of the person's protected trait and that such conduct is severe or pervasive (under federal and state law) or results in the person being “treated less well” because of the protected trait (under city law).

By Jeffrey D. Pollack

11 minute read

February 05, 2018 | New York Law Journal

It is not unlawful to take action against someone who is a member of a protected class, but it is unlawful to do so because of membership in that class. The difference is crucial.

By Jeffrey D. Pollack

11 minute read

February 27, 2017 | New York Law Journal

Jeffrey D. Pollack provides a brief overview of the issues surrounding retaliation claims—now the most common charge the EEOC receives—with a focus on Title VII and a brief discussion of New York City law.

By Jeffrey D. Pollack

23 minute read

April 13, 2016 | New York Law Journal

Jeffrey D. Pollack writes: An issue that routinely arises in the labor field is whether a worker is an "independent contractor" or an "employee." Misclassification of workers as independent contractors can have serious consequences, so companies must exercise caution when treating someone as an independent contractor. One problem, however, is that the test for employment status varies depending on which law is involved.

By Jeffrey D. Pollack

10 minute read

May 07, 2015 | New York Law Journal

Jeffrey D. Pollack writes that the FMLA places the burden on the employer to provide an employee with notice of his or her FMLA rights whenever the employer knows or should have known that the employee's circumstances may qualify for FMLA leave, an obligation which is not always straightforward.

By Jeffrey D. Pollack

11 minute read

May 06, 2015 | New York Law Journal

Jeffrey D. Pollack writes that the FMLA places the burden on the employer to provide an employee with notice of his or her FMLA rights whenever the employer knows or should have known that the employee's circumstances may qualify for FMLA leave, an obligation which is not always straightforward.

By Jeffrey D. Pollack

11 minute read

April 04, 2012 | New York Law Journal

Jeffrey D. Pollack, a partner at Mintz & Gold, writes that as overtime lawsuits and investigations become more common, it is imperative to understand the Fluctuating Work Week method of overtime compensation, under which non-exempt employees are only entitled to receive one-half times their regular rate of pay for their overtime hours. But if the system is not properly implemented, employers can still be liable for the full one and one-half times the regular rate.

By Jeffrey D. Pollack

12 minute read

July 06, 2000 | Law.com

To avoid the overtime costs associated with the Fair Labor Standards Act compliance, employers often mistakenly (or not) treat nonexempt employees as exempt. Inasmuch as failure to pay proper overtime can result in liability for the unpaid overtime, an equal amount in liquidated damages, plus attorney fees, misclassification of employees is a growing area for class action litigation. This article will help prevent misclassification by explaining the "white-collar" exemptions.

By Jeffrey D. Pollack

11 minute read

December 18, 2007 | National Law Journal

Employers often ask if they can require employees to sign forms acknowledging receipt of disciplinary documents or employee manuals. The answer, attorney Jeffrey D. Pollack says, is a qualified "Yes." The outcome of individual cases will depend on whether the signing requirement infringes on "concerted" and "protected" activity under the National Labor Relations Act.

By Jeffrey D. Pollack

8 minute read