Entries tagged: labor employment

New York State Wage Requirements for Interns

By: Christine Malafi, Esq.

Posted: September 4th, 2018

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Summer may be over, but if your office is like mine, interns are a welcome presence year-round. Hiring interns can be a mutually beneficial experience for both the employer and the intern. Interns develop hands-on experience in a field they are interested in pursuing, and a company gets a fresh take on things from the […]

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Partial Enforcement Language in a Non-Compete Agreement Does Not Guarantee Partial Enforcement

By: Jeff Basso, Esq.

Posted: August 22nd, 2018

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A standard provision typically included in non-compete agreements is a “partial enforceability” provision that gives the Court the power to modify or “blue pencil” the terms of the agreement if the Court finds the restrictive covenant to be overly broad. For example, if a Court finds that a non-compete provision restricting an employee from working […]

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Courts Narrow Non-Compete Agreements to Protect Legitimate Business Interests Only

By: Jeff Basso, Esq.

Posted: June 26th, 2018

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There has been an aggressive push over the past couple of years by state legislators around the country and the federal government to enact legislation prohibiting or limiting the use of non-compete agreements by employers.  One such bill, entitled the Workplace Mobility Act, was introduced in the U.S. Senate in late April 2018 and seeks […]

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New York State Employers Required to Implement Sexual Harassment Policies and Conduct Sexual Harassment Training

By: Christine Malafi, Esq.

Posted: June 5th, 2018

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Sexual harassment in the workplace is by no means a new issue, but in the wake of the #MeToo movement, New York lawmakers have taken action to address it. While well-prepared employers have had sexual harassment policies and training in place for some time, under new legislation, passed as part of the 2019 New York […]

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ADA Accessibility for Websites

By: Christine Malafi, Esq.

Posted: January 22nd, 2018

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The Internet has become a necessity for the marketing and promotion of businesses, services, and merchandise. An evolving legal issue is website accessibility to those with disabilities and the applicability of Title III of the Americans with Disabilities Act (“ADA”). Accessibility of public websites and compliance with the ADA in connection with public websites may […]

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Employer’s Guide to Avoiding Sexual Harassment in the Workplace

By: Christine Malafi, Esq.

Posted: December 12th, 2017

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Given the recent headlines, all employers should be reminded that they have a legal duty to maintain a workplace that is free from sexual harassment. Sexual harassment suits are prosecuted under the same federal and state laws that are used to sue employers for racial discrimination and harassment, so it is critical that every employer […]

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New Law Prohibits NYC Employers from Inquiring About Applicants’ Salary History

By: Christine Malafi, Esq.

Posted: October 27th, 2017

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Businesses with employees in New York City, take note: beginning October 31, 2017, employers cannot inquire about an applicant’s salary history (wages, benefits, or other compensation) or rely on that history to make decisions in the hiring process, such as determination of salary, benefits, or in the negotiation of an employment contract. It’s critical that […]

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The WARN Act – What Business Owners and Employers Need to Know

By: Vincent Costa, Esq.

Posted: September 26th, 2017

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The Worker Adjustment and Retraining Notification Act (WARN) is administered by the U.S. Department of Labor Employment and Training Administration on the federal level and by the New York State Department of Labor on the state level.  Whether you are a longtime business owner or purchasing a new business, you must familiarize yourself with the […]

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Dodd-Frank Anti-Retaliation: Headed to the Supreme Court?

By: Vincent Costa, Esq.

Posted: June 26th, 2017

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The Dodd-Frank Act, signed into law in 2010, established a program for whistleblowing related to securities and commodities law violations.  It created a private cause of action for whistleblowers to sue their employers for retaliation after reporting company misconduct.  However, federal circuit courts are split as to when employees are eligible for anti-retaliation protection under […]

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EEOC Proposed Enforcement Guidance for Addressing Unlawful Harassment

By: Vincent Costa, Esq.

Posted: January 27th, 2017

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On January 10, 2017, the U.S. Equal Employment Opportunity Commission requested public input on proposed enforcement guidance for addressing unlawful harassment in the workplace and hostile work environments under Title VII of the Civil Rights Act of 1964.  Harassment claims have risen over the past few years and the proposed guidance follows a June 2016 […]

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