Entries tagged: labor employment

When is a Public Volunteer an Employee? The Fair Labor Standards Act and Municipalities

By: Christine Malafi, Esq.

Posted: June 15th, 2014

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During the course of any given week, I encounter numerous volunteers at the Town programs in which my two sons participate. Sometimes, work schedule permitting, I am even one of those volunteers. Given current budget constraints, volunteers are needed to keep some municipal programs operating. As with private employers, however, sometimes a “public” volunteer is […]

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When is a Sales Commission “Earned”?

By: Jeff Basso, Esq.

Posted: April 9th, 2014

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Businesses involved in the sale of a particular product or service will, of course, employ salespeople to sell those products or services. In nearly all cases, sales representatives are paid some form of monetary commission based on their level of sales using some set of variables (i.e. percentage of each sale; percentage of each new […]

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New York Unemployment Law Update: Severance May Disqualify Individuals from Receiving Unemployment

By: Arthur Yermash, Esq.

Posted: April 9th, 2014

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While employers are not obligated to issue severance payments (unless they have specifically agreed to do so in a written employment or other agreement), many do offer severance to terminated employees to shield themselves from potential litigation or as a courtesy for the employee’s years of service. But there have been recent changes to the […]

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NYC Earned Sick Time Act Goes into Effect April 1, 2014

By: Lauren Kanter-Lawrence, Esq.

Posted: March 9th, 2014

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Effective April 1, 2014, private sector New York City employers with five or more employees must provide paid sick time to all employees who work at least 80 hours in a calendar year.1 Accrual and Use Mayor Bill de Blasio signed the City Council’s expanded sick leave bill earlier this year. The New York City […]

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Negotiation Trends: Salary Disclosure

By: Joe Campolo, Esq.

Posted: September 25th, 2013

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Have you ever revealed how much you earn to coworkers? Your answer to that question may depend on your age. The September issue of Harvard Law School’s Program on Negotiation newsletter discusses the trend of openness about wages between coworkers and how it may be affecting job negotiations. Comparing salaries has long been a social […]

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Supreme Court Defines “Supervisor” for Purposes of Harassment Claims

By: Lauren Kanter-Lawrence, Esq.

Posted: July 22nd, 2013

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An employer’s liability for workplace harassment could turn on whether the harasser meets the Supreme Court’s newly adopted definition of “supervisor” of the victim, according to the Court’s opinion in Vance v. Ball State University, handed down on June 24, 2013. Petitioner Maetta Vance, an African-American woman, had worked in the Ball State’s Banquet and Catering […]

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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

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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