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  • New York Attorney General Pushes Back on Non-Compete Agreements

        Published in the Hauppauge Reporter, January 2017 By Arthur Yermash, Esq. Email Arthur It’s a business owner’s worst nightmare: an employee leaves to work for a competitor, and tucked into the boxes in which he’s packing his diplomas and photos are your customer lists and confidential information. Enter a non-compete agreement, which prohibits the employee from working for a rival company for a specified amount of time after leaving your employ.  Traditionally, employers have used non-compete agreements as tools to protect their interests with respect to high-level employees with specific skills and those with access to highly valuable information such as trade secrets and customer ...

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    Wednesday, October 26th, 2016

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  • U.S. Department of Labor Announces Updates to Overtime Exemption Rule

    By Arthur Yermash, Esq.E-mail Arthur May 23, 2016 On May 18, 2016, the United States Department of Labor released final updates to the Fair Labor Standards Act (FLSA), extending overtime eligibility to over 4.2 million workers.  The key change is to double the salary threshold – from $23,660 to $47,476 per year ($455 to $913 per week) – under which most salaried employees are now guaranteed overtime pay.  Employers should immediately begin preparing to comply with the updates by the effective date of December 1, 2016. Previously, the FLSA’s salary threshold had been updated only once since the 1970s.  The change automatically entitles ...

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    Monday, May 23rd, 2016

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  • New York Joins Handful of States Guaranteeing Paid Family Leave

    By Arthur Yermash, Esq. E-mail Arthur April 25, 2016 Published in The Suffolk Lawyer, June 2016 On April 4, Governor Andrew Cuomo signed into law an unprecedented bill establishing a state-wide paid family leave program, adding New York to the short roster of states—including California, New Jersey, and Rhode Island—that guarantee paid family leave. The law, part of the 2016-2017 State Budget, allows workers across New York State to take paid leave (1) to bond with a new child (during the first 12 months after the child’s birth or adoption or foster placement of the child with the employee); (2) to care for a family member ...

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    Thursday, May 12th, 2016

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

    By Arthur Yermash, Esq. March 21, 2016 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 Executive Law to require the Uniform Fire Prevention and Building Code to address carbon monoxide detection in commercial buildings.  The Uniform Code now requires the installation of carbon monoxide detectors in all restaurant and commercial properties in the state.   Previously, ...

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    Wednesday, March 23rd, 2016

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  • Little-Known Payroll Avoidance Loopholes Eliminated in New York

    By Arthur Yermash, Esq. Published in The Hauppauge Reporter April 2016 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 paying wages to their New York employees.  Now, owners of New York corporations and LLCs, as well as owners of corporations and LLCs created outside of New York, could be personally liable for failure to pay ...

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    Monday, February 22nd, 2016

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

    By Arthur Yermash, Esq. 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, prohibits employers who are based in NYC or otherwise have employees in NYC from asking candidates about their pending arrests or criminal convictions until after extending a conditional offer of employment.  Further, employers are restricted from publishing job postings that state or imply ...

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    Friday, November 20th, 2015

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  • Two Immediate Key Changes for Employers in 2015: Wage Theft Prevention Act and Minimum Wage Increase

    By Arthur Yermash, Esq. January 12, 2015 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. New York’s Wage Theft Prevention Act (“WTPA”) is intended to keep employees informed of their rate of pay, overtime rate, allowances, payday, etc.  The most notable requirement was to provide each employee with a notice identifying pay-related items specific to each employee.  ...

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    Tuesday, February 10th, 2015

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