Entries tagged: labor employment

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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Defamation Claim Brought By Former Employee Against Company Dismissed

By: Jeff Basso, Esq.

Posted: February 25th, 2015

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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 […]

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

By: Arthur Yermash, Esq.

Posted: February 10th, 2015

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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. […]

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Court Sides with Former Employer in Misappropriation of Confidential Information Case

By: Jeff Basso, Esq.

Posted: December 9th, 2014

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Considering the potential harm that could strike a business when a key employee leaves to work for a competitor, employers are often quick to pursue litigation against employees when they believe the employee may have taken confidential and/or proprietary information with him/her and is now using (or could use) that information to the benefit of […]

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Suggested Handling of the Ebola Outbreak for Employers

By: Christine Malafi, Esq.

Posted: October 9th, 2014

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With all of the recent news coverage regarding the Ebola outbreak and its entry into the United States, employers need to be prepared to answer related questions and handle related issues. The CDC has stated that the 2014 Ebola epidemic is the largest in history, affecting multiple countries in West Africa, and advises of the […]

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Summer Employment for Minors

By: Arthur Yermash, Esq.

Posted: July 9th, 2014

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While school’s out for summer, employers often hire teenagers to fill seasonal employment needs. Hiring minors comes at a price, since the law imposes numerous restrictions in their employment. As such, it is a good idea to identify and review some child labor laws applicable to employees under the age of 18. Age Requirements & […]

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Now that Workplace Bullying Was Front Page News, Will a Workplace Harassment Policy Sufficiently Protect the Company?

By: Arthur Yermash, Esq.

Posted: July 9th, 2014

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Recent media coverage has heightened employer awareness of workplace bullying. This awareness, however, has created some confusion about what, if anything, should be done to address workplace bullying, and whether harassment policies are sufficient to protect the employer. While many times the characteristics of bullying and harassment can overlap, the law relating to each of […]

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