Entries tagged: labor employment

DOL Inspection Preparation for Employers

By: Arthur Yermash, Esq.

Posted: June 10th, 2013

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Most employers know that the U.S. Department of Labor (DOL) oversees compliance with the Fair Labor Standards Act (FLSA) and other statutes that protect workers. What many employers may not be aware of, however, is that the DOL has the authority to conduct inspections of workplaces and bring enforcement actions against employers found to be in violation of the FLSA and related statutes […]

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New York State Wage Theft Prevention Act Deadlines Approaching

By: Arthur Yermash, Esq.

Posted: December 10th, 2012

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As we reported several times over the last two years, New York enacted the Wage Theft Prevention Act (“WTPA”) requiring employers to furnish notices to employees addressing pay, overtime, and other pay-related information. As is the case every year, the annual notice must be distributed to employees between January 1, 2013 and February 1, 2013. If you employ individuals in New York State, […]

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Deadlines Loom for Potential MTA Payroll Tax Refunds

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Posted: September 10th, 2012

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The deadline is quickly approaching for businesses that want to pursue refunds on money paid to the controversial MTA payroll tax. New York business owners have to act fast if they want to try and get back all the money they’ve paid toward the MTA payroll tax, though it may be months before an appeals court decides whether the State […]

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New York Employers Must Issue Wage Theft Prevention Act Notice

By: Arthur Yermash, Esq.

Posted: January 1st, 2012

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As we reported earlier this year in our advisory, New York State Wage Theft Prevention Act Notice Templates, the Wage Theft Prevention Act (WTPA) annual notice requirement is effective as of January 1, 2012 and must be complied with by February 1, 2012. Thus, the implementation period is exceedingly short. If you employ individuals in […]

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New York State Wage Theft Prevention Act Notice Templates

By: Arthur Yermash, Esq.

Posted: June 11th, 2011

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As we informed you in our April 2011 newsletter, the New York Wage Theft Prevention Act (WTPA) was enacted December 2010 and became effective on April 9, 2011. As a reminder, among other new employer obligations and penalties, the WTPA requires that employers provide to all their employees written notice of their pay rate and […]

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New ADA Employment Regulations Finalized Effective May 24, 2011

By: Arthur Yermash, Esq.

Posted: April 11th, 2011

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The Equal Employment Opportunity Commission “EEOC” issued its final revised Americans with Disabilities Act “ADA” regulations and accompanying interpretive guidance, the ADA Amendments Act “ADAAA”, which will become effective on May 24, 2011. The expanded regulations were designed to simplify the determination as to when employees qualify as disabled. The Amendments Act retains the ADA’s […]

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Employers: Beware of the Cat’s Paw

By: Arthur Yermash, Esq.

Posted: April 11th, 2011

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On March 1, 2011, the US Supreme Court issued an important decision affirming the viability of the “cat’s paw” theory of liability against employers in employment discrimination cases. Under the cat’s paw theory, an employer may be liable for discrimination against an employee when a supervisor is motivated by bias against the specific employee; performs […]

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New York Wage Theft Prevention Act

By: Arthur Yermash, Esq.

Posted: March 11th, 2011

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The Wage Theft Prevention Act (“Act”) was recently signed into law and becomes effective April 11, 2011. The Act significantly modifies employer requirements regarding wage notices, wage statements and payroll records, and posting requirements. Additionally, the Act includes more stringent anti-retaliation provisions and criminal and civil penalties against noncooperating employers. Below, we highlight some of […]

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New Rules for Contractors Classifying Workers as Employees v. Independent Contractors

By: Arthur Yermash, Esq.

Posted: February 11th, 2011

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New York government recently enacted the New York State Construction Industry Fair Play Act (“New Act”). The intent behind this new law is to address misclassification of construction workers as independent contractors instead of employees. This law created a new standard for determining whether a construction worker is an employee or independent contractor. Additionally, it […]

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