Wage theft prevention remains a priority in New York so much so that, in recent years, the state has incrementally expanded the personal liability of LLC members and corporate shareholders for the unpaid wages due their organization’s employees. Early last year, Section 609 of New York’s Limited Liability Company Law was amended with the addition … Read more
Beginning January 1, 2016, unless otherwise exempted, NYC employers with 20 or more full-time employees must offer full-time employees the opportunity to use pre-tax income to pay for their commute. The Department of Consumer Affairs (DCA), the same agency responsible for enforcing the NYC Earned Sick Time Act (Paid Sick Leave Law), has responsibility for … Read more
Though there are many laws requiring employers to notify employees of certain workplace rights, there are actually no federal, New York State or New York City laws specifically requiring an employer to have an employee handbook. However, there are a number of reasons why creating and maintaining an employee handbook is a good idea and … Read more
Employers often run afoul of wage-hour laws in similar ways, three of which are discussed below. Luckily, these errors can often be remedied, in a prospective manner, through a simple change in policy or practice. Refusing to Pay for Unauthorized Overtime Many employers require employees to seek approval before working overtime. While that is an … Read more
Beginning September 3, 2015, it will be illegal for covered employers in New York City to request or use an employee’s or applicant’s consumer credit history to make employment decisions. The Stop Credit Discrimination in Employment Act amends the New York City Human Rights Law, which applies to employers with 4 or more employees, and … Read more
Not all employers are covered by all of the various labor and employment laws that exist. It is important to know which laws apply to which company or organization, because coverage imposes important obligations on employers. Here are the most common federal, New York state, and NYC equal employment opportunity (EEO) laws, along with a brief … Read more
On July 2, 2015, the Second Circuit Court of Appeals answered the question: “[W]hen is an unpaid intern entitled to compensation under the FLSA?” The question was a matter of first impression in the circuit, and the decision was a long-awaited one, because it addressed a question left unresolved since 2013 when two New York … Read more
Employment practices liability insurance (EPLI) is a type of insurance coverage that protects businesses from financial consequences associated with employment-related lawsuits. But, as is the case with most insurance policies, EPLI policies vary wildly in terms of price and breadth of coverage. Below are three things to consider before you purchase an EPLI policy. 1. … Read more
If a non-exempt employee works part time for two separate, but related, employers in the same workweek, such that the employee works 20 hours per week in one company and 25 hours per week in the other company, is the employee legally entitled to overtime pay because he is working more than 40 hours per … Read more
Most employers know that an investigation needs to be conducted whenever the employer knows or suspects harassment or discrimination is occurring or has occurred in its workplace. Although a lot has been written by others offering tips and guidelines on how to conduct an effective investigation, less has been written about an equally important issue: … Read more
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If you are not a current client of the Law Office of Kristine A. Sova, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. The Law Office of Kristine A. Sova has no duty to keep confidential any of the information you provide.
In addition, please be advised that the transmission of information via this website or by e-mail does not establish an attorney-client relationship. An attorney-client relationship with the Law Office of Kristine A. Sova is not established until and unless the Law Office of Kristine A. Sova agrees to such a relationship in a separate written document.