Employment Law

Compliance Might Be Difficult The New Law The new law[1] obligates many, if not most, small[2] New York State employers to provide forty hours (i.e. 5 days) paid sick leave. Those employers must commence providing such sick leave effective January 1, 2021[3]. Like many new laws, the legislators did not work out all the kinks…

EMPLOYMENT PRACTICES LIABILITY INSURANCE (EPLI) A Virtual Necessity in Today’s Business Environment The recent “onslaught” of employee legal claims against employers has led to concerted efforts by employers and others to address the risk of employee claims and lawsuits. Those efforts are manifested in many ways, including insurance coverage through a product known as Employment…

Q. WHY SHOULD A SMALL EMPLOYER ADOPT AN EMPLOYEE MANUAL FOR ITS WORKERS? A. THE ANSWERS ARE IN THIS NEWSLETTER A CPA friend recently asked us to provide a brief summary of why a small employer should retain our law firm to help it adopt “an Employee Manual[1] that is right for its business…and what…

NEW YORK WAGE THEFT PREVENTION ACT New York Labor Law section known as the Wage Theft Prevention Act (“WTPA”)[1] requires employers to give written notice to each employee at the following times: To a new hire “at the time of hiring” and To any employee that has a change in pay rate and/or other designated…

Employee or Independent Contractor…the Administration’s Current Aggressive Approach…and What it means to Employers This law firm has for many years urged companies to be very careful when treating workers as independent contractors rather than employees. In August 2009 we posted a comprehensive Newsletter identifying many of the issues to be considered by companies when dealing…

This law firm has for many years urged companies to be very careful when treating workers as independent contractors rather than employees. In August 2009 we posted a comprehensive Newsletter identifying many of the issues to be considered by companies when dealing with the independent contractor situation[1] We followed that in November 2011 with a…

THE FINE LINE BETWEEN REASONABLE INQUIRY AND ILLEGAL INTRUSION It is self-evident that employers should make some reasonable level of inquiry into the history and suitability of potential employees. An employer may not care too much about the history of a new receptionist or a line worker in a warehouse. However, the background of a…

THE PERILS OF MISCLASSIFIED INDEPENDENT CONTRACTORS THE RISK INCREASES UNDER OBAMACARE There are substantial enticements for a company to improperly classify an employee as an “independent contractor.” These include the avoidance of payroll taxes, withholding taxes, employee benefits, wage and hour law compliance, unemployment compensation and employment law compliance in general. However, the risk in…

Collection Efforts under the New York Labor Law Until recently, New York law[1] prohibited employers from making deductions from an employee’s wages, other than: (1) deductions required by law or (2) deductions that are expressly authorized by the employee in writing and that are for “the benefit of the employee.” The New York State Department…