Jeffrey D Pollack

April 08, 2013 | New York Law Journal

Jeffrey D. Pollack, a partner at Mintz & Gold, discusses the standards used to determine whether an employee's "break time" is a bona fide meal period and does not count as work time, with courts looking to the length of the break and whether the time is spent "predominantly for the benefit of the employer" as guides.

By Jeffrey D. Pollack

10 minute read

December 03, 2004 | New York Law Journal

Jeffrey D. Pollack, a member of Mintz & Gold, warns that, while it is true that an expired collective bargaining agreement no longer has any force or effect, the NLRA, however, prohibits employers from unilaterally changing the terms and conditions of employment after contract expiration.

By Jeffrey D. Pollack

9 minute read

December 12, 2007 | Law.com

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

March 28, 2003 | Law.com

Impasse is the equivalent of "obscenity" in the National Labor Relations Act -- difficult to define, but you know it when you see it. The determination of whether impasse exists is a matter of judgment based on an evaluation against often imprecise standards: the circumstances, bargaining sessions, open issues, statements, possible strikes, union animus and actions inconsistent with impasse.

By Jeffrey D. Pollack

8 minute read

March 03, 2003 | New York Law Journal

By Jeffrey D. Pollack

8 minute read

July 13, 2010 | New York Law Journal

Jeffrey D. Pollack, a partner at Mintz & Gold, discusses two requirements of 29 U.S.C. �207(i), first, that the employee works for a retail or service establishment and that more than half the employee's earnings represent commissions on goods or services, and second, that the employee's regular rate of pay is at least 1� times the minimum wage, will not often be in dispute and thus is not discussed.

By Jeffrey D. Pollack

10 minute read

November 30, 2007 | New York Law Journal

Jeffrey D. Pollack, a partner at Mintz & Gold, writes that employers often ask if they can require employees to sign forms acknowledging receipt of disciplinary documents or employee manuals. The answer is a qualified "Yes" in the absence of an unfair labor practice related to issuance of the discipline or policy itself, although employers with union employees should determine if a collective bargaining agreement or past practice gives them the right to refuse to sign.

By Jeffrey D. Pollack

8 minute read

December 11, 2008 | New York Law Journal

Jeffrey D. Pollack, a partner at Mintz & Gold, reviews wage deductions, a popular subject for class-action litigation, and Labor Law §193's effect on benefits and wage supplements, bonuses and commission payments, a topic recently discussed by the Court of Appeals.

By Jeffrey D. Pollack

10 minute read

August 09, 2006 | New York Law Journal

Jeffrey D. Pollack, a partner at Mintz & Gold, writes that the Fair Labor Standards Act's exemption for employees for whom standards regarding work hours are set by the Transportation Department is perhaps the broadest of all the exemptions to the FLSA's overtime requirements, covering a vast array of people with even slight connections to interstate transportation.

By Jeffrey D. Pollack

11 minute read