Entries tagged: labor employment

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

By: Arthur Yermash, Esq.

Posted: March 23rd, 2016

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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 […]

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

By: Eryn Truong, Esq.

Posted: March 21st, 2016

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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 […]

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Little-Known Payroll Avoidance Loopholes Eliminated in New York

By: Arthur Yermash, Esq.

Posted: February 22nd, 2016

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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 […]

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Holiday Party Guide for Employers

By: Christine Malafi, Esq.

Posted: December 7th, 2015

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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 […]

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

By: Arthur Yermash, Esq.

Posted: November 20th, 2015

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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, […]

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

By: Joe Campolo, Esq.

Posted: September 9th, 2015

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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 […]

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When is a Volunteer Intern Entitled to be Paid?

By: Christine Malafi, Esq.

Posted: July 15th, 2015

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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” […]

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United States Supreme Court Rules on the Accommodation of Pregnant Workers

By: Christine Malafi, Esq.

Posted: May 20th, 2015

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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 […]

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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

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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 […]

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ABCs of Protecting Employee-Generated IP

By: Eryn Truong, Esq.

Posted: February 25th, 2015

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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 […]

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