Entries tagged: labor employment

Little-Known Payroll Avoidance Loopholes Eliminated in New York

By: Arthur Yermash, Esq.

Posted: February 22nd, 2016

Tags:

New York business owners, take note: loopholes offering the potential to avoid personal liability for unpaid wages to employees have been recently eliminated.  Prior to these changes, owners of New York limited liability companies, as well as owners of LLCs and corporations created outside of New York (for example, Delaware), were not personally liable for […]

Read More >

Holiday Party Guide for Employers

By: Christine Malafi, Esq.

Posted: December 7th, 2015

Tags:

It’s that time of the year again! Many employers are hosting holiday parties, where employees, and sometimes clients and customers as well, get a chance to relax, socialize, and take a break from the work to celebrate the holiday season. Raising employee morale during the holiday season is a good way to say thank you […]

Read More >

Client Advisory: NYC’s “Ban the Box” Legislation Now in Effect

By: Arthur Yermash, Esq.

Posted: November 20th, 2015

Tags:

Joining state and local jurisdictions across the country, New York City has enacted a “Ban the Box” law that limits employers’ inquiries into the criminal background of job applicants and imposes stringent requirements on employers who intend to make hiring decisions based on such information. The Fair Chance Act, effective as of October 27, 2015, […]

Read More >

When It Comes to Your Employees, Stop Complaining and Start Training

By: Joe Campolo, Esq.

Posted: September 9th, 2015

Tags: ,

Much of the griping I hear from other business owners is about how the work effort of their employees is lacking. When I hear these complaints I’ll ask, “What are you doing to train your employees?” The usual response is something like, “Well I pay them and I don’t have time to train them. They […]

Read More >

When is a Volunteer Intern Entitled to be Paid?

By: Christine Malafi, Esq.

Posted: July 15th, 2015

Tags:

Last year, I discussed circumstances under which a volunteer may be considered an employee for the purposes of the Fair Labor Standard Act.  As discussed previously, the Federal Fair Labor Standards Act (“FLSA”) requires both public and private entity employees to be paid minimum and overtime wages. The question of who qualifies as an “employee” […]

Read More >

United States Supreme Court Rules on the Accommodation of Pregnant Workers

By: Christine Malafi, Esq.

Posted: May 20th, 2015

Tags: ,

Last year, I wrote about the then-new pregnancy guidelines issued by the Equal Employment Opportunity Commission (EEOC), under the Pregnancy Discrimination Act (PDA) and the Americans with Disability Act (ADA), which apply to all employers with more than fifteen employees. While a “normal” pregnancy does not constitute a disability under the ADA, it is a […]

Read More >

Can an At-Will Employee Be Bound by a Pre-Dispute Resolution Agreement Contained Within a Non-Binding Employee Handbook?

By: Jeff Basso, Esq.

Posted: March 18th, 2015

Tags: ,

Based on a recent decision from the Commercial Division in Westchester County (J. Scheinkman), the answer is yes.  The case of Graham, et al. v. Command Security Corporation was commenced as a class action by Richard Graham (“Graham”) on behalf of himself and all other security guards similarly situated against his former employer Command Security […]

Read More >

ABCs of Protecting Employee-Generated IP

By: Eryn Truong, Esq.

Posted: February 25th, 2015

Tags: ,

Most companies assume that any intellectual property (IP) created by their employees in connection with their job duties automatically become the employer’s property.  This assumption, however, is often incorrect, and can lead to lengthy and costly disputes.  Generally, an employer’s right to IP created by an employee depends on the circumstances of the employee’s hire […]

Read More >

Defamation Claim Brought By Former Employee Against Company Dismissed

By: Jeff Basso, Esq.

Posted: February 25th, 2015

Tags: ,

In prior months, I have discussed cases involving businesses pursuing lawsuits against former employees due to perceived violations of, among other things, non-compete and/or non-disclosure agreements, as well as alleged misappropriation of trade secrets.  While the former employer is usually the one to commence the lawsuit, there are times when the former employee may also […]

Read More >

Two Immediate Key Changes for Employers: Wage Theft Prevention Act and Minimum Wage Increase

By: Arthur Yermash, Esq.

Posted: February 10th, 2015

Tags:

The turn of the new year brings two significant changes for employers in New York State. First, the Wage Theft Prevention Act has been modified to reduce a key requirement under New York’s Wage Theft Prevention Act.  Second, New York’s minimum wage has increased to $8.75 per hour.  We address each of these changes below. […]

Read More >