Entries tagged: labor employment

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

By: Vincent Costa, Esq.

Posted: June 26th, 2017

Tags: , ,

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 […]

Read More >

EEOC Proposed Enforcement Guidance for Addressing Unlawful Harassment

By: Vincent Costa, Esq.

Posted: January 27th, 2017

Tags:

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 […]

Read More >

New York Attorney General Pushes Back on Non-Compete Agreements

By: Arthur Yermash, Esq.

Posted: October 26th, 2016

Tags:

    It’s a business owner’s worst nightmare: an employee leaves to work for a competitor, and tucked into the boxes in which he’s packing his diplomas and photos are your customer lists and confidential information. Enter a non-compete agreement, which prohibits the employee from working for a rival company for a specified amount of […]

Read More >

Tips for Hosting a Workplace Summer Soirée

By: Christine Malafi, Esq.

Posted: June 22nd, 2016

Tags:

Fireworks.  Barbecues.  Lemonade.  A refreshing dip in the pool.  Summer has a way of bringing out the “sunshine” in everybody.  Hosting a summer event is a fun, enjoyable way to thank employees for their efforts and celebrate the pleasures of summer on Long Island.  But before you dive in, it’s important to consider potential legal […]

Read More >

U.S. Department of Labor Announces Updates to Overtime Exemption Rule

By: Arthur Yermash, Esq.

Posted: May 23rd, 2016

Tags:

On May 18, 2016, the United States Department of Labor released final updates to the Fair Labor Standards Act (FLSA), extending overtime eligibility to over 4.2 million workers.  The key change is to double the salary threshold – from $23,660 to $47,476 per year ($455 to $913 per week) – under which most salaried employees […]

Read More >

New York Joins Handful of States Guaranteeing Paid Family Leave

By: Arthur Yermash, Esq.

Posted: May 12th, 2016

Tags:

On April 4, Governor Andrew Cuomo signed into law an unprecedented bill establishing a state-wide paid family leave program, adding New York to the short roster of states—including California, New Jersey, and Rhode Island—that guarantee paid family leave. The law, part of the 2016-2017 State Budget, allows workers across New York State to take paid […]

Read More >

New York City Human Rights Law Amended to Include “Caregiver” Status

By: Vincent Costa, Esq.

Posted: April 25th, 2016

Tags: ,

In 2015, the State of New York added “familial status” as a class of persons protected under state discrimination laws, prohibiting discrimination against pregnant employees and employees with minor children.  On May 4, 2016, the New York City Human Rights Law (“NYCHRL”) will add a new protected class that offers an even greater degree of […]

Read More >

Allowing Employees to Telecommute

By: Christine Malafi, Esq.

Posted: April 22nd, 2016

Tags:

    In today’s workplace, a great percentage of employees will request the ability to work from home for one reason or another, be it temporary or not. Having employees work from home is both an opportunity and a challenge for both the employer and the employee. Employers avoid having to find space for the […]

Read More >

To Protect Employees, New York State Mandates Carbon Monoxide Detectors in Commercial Buildings

By: Arthur Yermash, Esq.

Posted: March 23rd, 2016

Tags: ,

A carbon monoxide detector could have prevented the tragic death in February 2014 of Steven Nelson, an employee at Legal Seafoods at the Walt Whitman Shops in Huntington Station, who fell victim to poisonous fumes from a malfunctioning water heater pipe at the restaurant.  The tragedy prompted a recent amendment to the New York State […]

Read More >

Does the Term “Work-for-Hire” Really Mean Anything in Software Development Contracts?

By: Eryn Truong, Esq.

Posted: March 21st, 2016

Tags: , ,

The term “work-for-hire” is found in many software development contracts, but it is one of most misused phrases.  Typically, companies needing certain software developed will enter into a written contract with an independent contractor and insert the magical phrase “work-for-hire,” thinking it will automatically assign ownership of the intellectual property to the company.  However, works […]

Read More >